Aadel Collection
Report of the Working Group on Enforced or Involuntary Disappearances
UNITED
NATIONS
.
Economic and Social
GENERAL
Council
E/CN.4/1997/34
13 December 1996
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-third session
Item 8 (c) of the provisional agenda
QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO
ANY FORM OF DETENTION OR IMPRISONMENT
QUESTION OF ENFORCED OR INVOLUNTARY DISAPPEARANCES
Report of the Working Group on Enforced or
Involuntary Disappearances
E
GE.96-14402 (E)
E / CN. 4/1997 / 34
page 2
CONTENTS
Paragraphs Page
Introduction . . . . . . 1 7 5
Chapter
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN 1996 8 - 35
A. Meetings and missions of the Working Group . . 8 - 11 7
B. Communications . . . 12 - 16 7
C. Implementation of the Declaration on the
Protection of All Persons from Enforced
Disappearance 17 - 30 8
D. Draft international convention on the
prevention and punishment of enforced
disappearances 31 - 32 11
E. Special process on missing persons in the
territory of the former Yugoslavia 33 - 35 12
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED BY
THE WORKING GROUP . . . 36 - 379
Afghanistan . 36 39
Algeria . 40 46
Angola . 47 - 50
Argentina . 51 60
Bangladesh . 61 63
Bolivia . 64 - 67
Brazil . 68 75
Burkina Faso . 76 78
Burundi . 79 - 85
Cameroon . 86 - 88
Chad . 89- 93
Chile . 94 100
China . 101 - 110
Colombia 111 - 122
Cyprus 123 - 125
Dominican Republic 126 128
Ecuador 129 - 131
Egypt 132 136
El Salvador 137 142
Equatorial Guinea 143 - 145
Ethiopia 146 - 150
Gambia 151 - 152
Greece . 153 - 156
CONTENTS ( continued )
E/CN. 4/1997/34
page 3
Paragraphs Page
Guatemala
Guinea
Haiti
Honduras
India
Indonesia
Iran (Islamic Republic
Iraq
Israel
Kuwait
Lao People's Democratic
Lebanon
Libyan Arab Jamahiriya
Mauritania
Mexico
Morocco
Mozambique
Nepal
Nicaragua
Pakistan
Paraguay
Peru
Philippines . . .
Russian Federation
Rwanda
Saudi Arabia . . .
Seychelles . . . .
South Africa . . .
Sri Lanka . . . .
Sudan
Syrian Arab Republic
Tajikistan . . . .
Togo
Turkey
Uganda
Uruguay
Uzbekistan . . . .
Venezuela . . .
Yemen
Zaire
- 163
- 166
- 170
- 176
- 189
- 195
- 200
- 209
- 212
- 215
- 218
- 225
- 227
- 230
- 237
- 248
- 252
- 255
- 259
- 267
- 271
- 281
- 293
- 299
- 307
- 310
- 313
- 316
- 328
- 338
- 341
- 344
- 347
- 358
- 361
- 365
- 368
- 371
- 275
- 379
of) . .
Republic
157
164
167
171
177
190
196
201
210
213
216
219
226
228
231
238
249
253
256
260
268
272
282
294
300
308
311
314
317
329
339
342
345
348
359
362
366
369
372
376
III. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED
Kazakstan . . .
.
.
380 - 382
Tunisia . . . .
.
.
383 384
Turkmenistan . .
.
.
385 - 386
Zimbabwe . . .
-
.
387 - 390
E/CN. 4/1997/34
page 4
CONTENTS ( continued)
ParagraohS Page
IV. CONCLUSIONS AND RECOMMENDATIONS . . . 391 - 397
V. ADOPTION OF THE REPORT . . . . . . 398
Annexes
I. Decisions on individual cases taken by the Working Group
during 1996
II. Statistical summary: Cases of enforced or involuntary
disappearances reported to the Working Group between 1980
and 1996
III. Graphs showing the development of disappearances in
countries with more than 100 cases transmitted during the
period 1974-1996
E / CN. 4 / 1997 / 34
page 5
Introduction
1. The present report of the Working Group on Enforced or Involuntary
Disappearances is submitted pursuant to Commission on Human Rights
resolution 1996/30, entitled “Question of enforced disappearances”. / In
addition to the specific tasks entrusted to the Working Group by the
Commission in this resolution, the Group has also taken into account other
mandates stemming from a number of resolutions adopted by the Commission 21
entrusted to all special rapporteurs and working groups. All these tasks have
been given due consideration by the Working Group in the course of 1996; in
view of the financial crisis of the United Nations and the page limit imposed
on all reports, however, the Working Group decided not to reproduce the
content of these resolutions as it has done in the past.
2. In addition to its original mandate, which is to act as a channel of
communication between families of disappeared persons and the Governments
concerned, with a view to ensuring that sufficiently documented and clearly
identified individual cases are investigated and the whereabouts of the
disappeared persons clarified, the Working Group has been entrusted by the
Commission with various other tasks. In particular, the Working Group is to
monitor States' compliance with their obligations deriving from the
Declaration on the Protection of All Persons from Enforced Disappearance. 21
States are under an obligation to take effective measures to prevent and
terminate acts of enforced disappearance, by making them continuing offences
under criminal law and establishing civil liability.
3. As in previous years, the Working Group has continued to apply the
urgent action procedure in cases that allegedly occurred in the three
months preceding the receipt of the report by the Group. This year the
Working Group sent urgent action appeals to Governments in respect of
97 cases. It has also promptly intervened with the Governments of Argentina,
Brazil, Colombia and Mexico on cases in which relatives of missing persons, or
other individuals or organizations which have cooperated with the Group, or
their legal counsel, are said to have been subjected to intimidation,
persecution or other reprisals.
4. The total number of cases being kept under active consideration as they
have not yet been clarified now stands at 43,980. The number of countries
with outstanding cases of alleged disappearance was 63 in 1996.
During the period under review, the Working Group received some 551 new cases
of disappearance in 28 countries.
5. As in the past, the present report reflects only communications or cases
examined before the last day of the third annual session of the Working Group,
which was 22 November 1996. Urgent action cases which may have to be dealt
with between that date and the end of the year, as well as communications
received from Governments and processed after 22 November 1996, will be
reflected in the Working Group's next report.
6. Finally, the Working Group feels obliged to again draw the Commission's
attention to the 32-page limit for reports decided by the General Assembly.
The Group fully understands the efforts of the United Nations to reduce costs.
However, while 32 pages may be a reasonable limit for certain reports, it is
certainly not the case for the thematic report of this Working Group, which
E/CN. 4/1997/34
page 6
deals with almost 70 countries, tens of thousands of individual cases and the
monitoring of the Declaration on the Protection of All Persons from Enforced
Disappearance. The Working Group has made and is continuing to make, efforts
to reduce the length of its report. It has, for example, reduced the number
of pages in its report from 180 in 1993 to 117 last year. The members have
also agreed to work without interpretation amongst themselves. Any further
reduction, however, could seriously hinder the quality of the Group's work.
7. The Working Group also wishes to express its concern that many of those
contributing to and interested in the Groupts work were unable to read last
year's report since it was not translated. It views this situation with the
utmost preoccupation.
E / CN. 4 / 1997 / 34
page 7
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED
OR INVOLUNTARY DISAPPEARANCES IN 1996
A. Meetings and missions of the Working Group
8. The Working Group held three sessions in 1996. The forty-eighth session
was held in New York from 3 to 7 June, and the forty-ninth and fiftieth
sessions were held in Geneva from 19 to 23 August and from 13 to 22 November,
respectively. During its 1996 sessions, the Working Group met with
representatives of the Governments of Egypt, Guatemala, Kuwait, Morocco, the
Sudan and Uruguay, as well as with the National Commission for Human Rights of
Mexico.
9. The Group also met with representatives of human rights organizations,
associations of relatives of missing persons and families or witnesses
directly concerned with reports of enforced disappearances.
10. As in previous years, the Working Group examined information on enforced
or involuntary disappearances received from both Governments and
non-governmental organizations and decided, in accordance with its methods of
work, on the transmission of such reports or observations received thereon to
the Governments concerned. It also requested Governments to provide
complementary information whenever necessary for the clarification of cases.
11. For various reasons the Working Group decided to postpone its visit to
Colombia, envisaged for 1996. To date it has received no reply from the
Governments of Iraq and Turkey to its letters dated 21 July 1995 requesting a
visit. For this reason, no mission took place in 1996.
B. Communications
12. During the period under review, the Working Group transmitted 551 new
cases of enforced or involuntary disappearance to the Governments concerned,
92 of which were sent under the urgent action procedure. The majority of the
newly reported cases, 88 of which allegedly occurred in 1996, relate to Chad,
China, Colombia, Indonesia, Iraq, Mexico, Sri Lanka and Turkey. Many of the
other cases received were referred back to the sources as they lacked one or
more elements required by the Working Group for their transmission, or because
it was not clear whether they fell within the Working Group's mandate; other
cases were considered inadmissible within the context of that mandate. During
the same period, the Working Group clarified 181 cases.
13. As has been its practice in the past, the Working Group twice reminded
the Governments concerned of reports of disappearances transmitted during the
previous six months under the urgent action procedure. It also reminded all
Governments of the total number of outstanding cases remaining before it and,
when requested, retransmitted the summaries of those cases or the diskettes
containing those summaries to them. Following each of its three sessions, the
Working Group informed Governments of decisions it had made with respect to
cases of disappearance in their countries. It also transmitted to the
Governments concerned the allegations which it had received from
non-governmental organizations concerning, in particular, obstacles to the
implementation of the Declaration.
E/CN. 4/1997/34
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14. The Working Group has continued to attach great importance to its
contacts with non-governmental organizations and relatives of missing persons,
and maintained close contact with sources of information throughout the year,
informing them on a regular basis of the state of its investigation into cases
of concern to them, as well as the replies it had received from Governments
in this respect.
15. As in previous years, the Working Group received reports and expressions
of concern from non-governmental organizations, associations of relatives of
disappeared persons and individuals about the safety of persons actively
engaged in the search for missing persons, in reporting cases of disappearance
or in the investigation of cases. In some countries, the mere fact of
reporting a disappearance entailed serious risk to the life or security of the
person making the report or to his or her family members. In addition,
individuals, relatives of missing persons and members of human rights
organizations were frequently harassed and threatened with death for reporting
cases of human rights violations or investigating such cases.
16. Taking into account the ever-increasing number of United Nations field
operations with human rights components, and the field offices of the High
Commissioner for Human Rights, the Working Group has continued this year to
address itself to these offices in an effort to take advantage of their unique
position on the ground in order to improve its information flow with regard to
disappearances. Information in this respect is reflected in the appropriate
country chapters.
C. Implementation of the Declaration on the Protection
of All Persons from Enforced DisalDpearance
17. The Declaration refers to the right to a prompt and effective judicial
remedy, as well as unhampered access of national authorities to all places of
detention, the right to habeas corpus, the maintenance of
centralized registers of persons deprived of their liberty, the duty to
investigate fully all alleged cases of disappearance, the duty to try alleged
perpetrators of disappearance before ordinary (not military) courts, the
exemption of the criminal offence of acts of enforced disappearance from
statutes of limitations, special amnesty laws and similar measures leading to
impunity. The Working Group continued to remind the Governments of these
obligations not only in the context of clarifying individual cases, but also
by taking action of a more general nature. During the year under review, it
drew the attention of Governments and non-governmental organizations to the
general or specific aspects of the Declaration; it discussed with
representatives of Governments and non-governmental organizations how to solve
specific problems in the light of the Declaration and how to overcome
obstacles to its implementation.
18. In paragraph 29 of its resolution 1996/30 on the question of enforced
disappearances, the Commission on Human Rights requested the Secretary-General
to keep the Commission and the Working Group informed of the steps he takes
for the widespread dissemination and promotion of the Declaration and to
compile observations, if any, from Governments on the possible measures they
have taken, where appropriate, to take the Declaration into account.
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page 9
19. The Working Group appreciates the efforts of the Secretary-General to
disseminate the Declaration, in particular by distributing Fact Sheet No. 6
and a booklet on the Declaration, as well as by making the text of the
Declaration available on the Internet. The note by the Secretary-General on
this subject submitted to the Commission on Human Rights at its fifty-third
session is contained in document E/CN.4/1997/104.
20. Based on its experience of dealing with individual cases, the Working
Group also continues to issue country-specific observations, thereby drawing
the attention of the Governments concerned to the relevant provisions of the
Declaration. These country-specific observations have been prepared on all
countries with more than 50 alleged cases of disappearance or where more than
5 cases were reported during the period under review. All country-specific
observations are to be found at the end of the respective country sections in
chapter II of the present report.
21. With a view to focusing the attention of Governments more effectively on
the relevan t obligations deriving from the Declaration, the Working Group
decided, at its fiftieth session, to adopt the following general comments on
those provisions of the Declaration that might need further explanation in the
light of the experience of the Working Group in its communications with
Governments.
General comments on article 10 of the Declaration
22. Article 10 of the Declaration is one of the most practical and valuable
tools for ensuring compliance by States with their general commitment not to
practise, permit or tolerate enforced disappearances (art. 2) and to take
effective legislative, administrative and judicial measures to prevent and
terminate such acts (art. 3) .
23. One important legislative, administrative and judicial measure is that
contained in article 10, paragraph 1, which stipulates that any person
deprived of liberty shall be held in an officially recognized place of
detention and, in conformity with national law, be brought before a judicial
authority promptly after detention”. This provision combines three
obligations which, if observed, would effectively prevent enforced
disappearances: recognized place of detention, limits of administrative or
pre-trial detention and judicial intervention.
24. The first commitment is that the person ‘ deprived of liberty be held in
an officially recognized place of detention”. This provision requires that
such places must be official - whether they be police, military or other
premises - and in all cases clearly identifiable and recognized as such.
Under no circumstances, including states of war or public emergency, can any
State interests be invoked to justify or legitimize secret centres or places
of detention which, by definition, would violate the Declaration, without
exception.
25. This first commitment is reinforced by the provisions contained in
paragraphs 2 and 3 of article 10.
26. Paragraph 2 provides that information on the place of detention of such
persons ‘ shall be made promptly available to their family members, their
E / CN. 4 / 1997 / 34
page 10
counsel or to any other persons having a legitimate interest in the
information unless a wish to the contrary has been manifested by the persons
concerned”. It is therefore not enough for the detention to take place in an
officially recognized place; information on it must be made available to the
persons mentioned in that paragraph. Accordingly, both the lack of such
information and any impediments to access to it must be considered violations
of the Declaration.
27. Paragraph 3 refers to the highly important commitment of maintaining
up-to-date registers of all persons deprived of liberty and of making the
information contained in those registers available to the persons mentioned in
paragraph 2 and to any other authority entitled to it under national or
international law, including the Working Group on Enforced or Involuntary
Disappearances. The Group has a mandate to clarify the fate and whereabouts
of disappeared persons and to monitor States' compliance with the Declaration.
Emphasis is given to the principle that the information should not only exist,
but must be available to a range of persons extending far beyond family
members. The minimum requirement for such information is the up-to-date
register in every centre or place of detention, which means that complying
formally with this commitment by keeping some sort of record can never be
sufficient; each register must be continuously updated so that the information
that it contains covers all persons being held in the relevant centre or place
of detention. Anything else would be a violation of the Declaration. It is
also stipulated that each State shall take steps to maintain centralized
registers. Such registers help in tracing the whereabouts of an individual
who may have been deprived of liberty, since precise information is not always
available on where such a person may have been taken, and this can be
clarified with an up-to-date centralized register. As the complex situation
in some countries makes it difficult to envisage the immediate establishment
of a centralized register, the minimum commitment in this regard is to take
steps” in that direction; these must of course be effective and gradually
produce results. Not to take steps” would be a violation of the Declaration.
28. The second commitment is to ensure that any person deprived of liberty
is brought before a judicial authority”, which complements the preceding
provision on the place of detention and availability of information. It is
not enough for the place of detention to be an officia1ly recognized place of
detention” or for accurate information to be available on the place where the
individual is being held. The Declaration takes account of a more substantive
aspect of detention in stipulating that administrative or pre-trial detention
must be only temporary, as the person deprived of liberty must be brought
before a judicial authority”. This obligation is in addition to those
considered above.
29. The third commitment is to ensure that the person in question is brought
before a judicial authority promptly after detention”. This underlines the
transitional and temporary nature of administrative or pre-trial detention
which, per se , is not a violation of international law or of the Declaration
unless it is unduly prolonged and the detained person is not brought
‘ 4 promptly” before a judicial authority, Consequently, any detention which is
prolonged unreasonably or where the detainee is not charged so that he can be
brought before a court is a violation of the Declaration. The fact that this
provision does not set a time-limit for administrative detention should not be
interpreted as allowing for unlimited laxity, since the principles of
E/CN. 4/1997/34
page 11
reasonableness and proportionality and the very spirit of the provision
dictate that the period in question should be as brief as possible, i.e., not
more than a few days, as this is the only conceivable interpretation of
11 promptly after detention”.
30. The Declaration provides for no exceptions to observance of the
commitments contained in article 10. Consequently, not even the existence of
a state of emergency can justify non-observance. Moreover, all of the
commitments laid down must be observed as minimum conditions if the provisions
of this article of the Declaration are to be interpreted as having been
fulfilled by the State concerned. In this connection, reference is made to
the jurisprudence of the Human Rights Committee with respect to article 9.3 of
the International Covenant on Civil and Political Rights and to other relevant
United Nations standards concerning administrative detention.
D. Draft international convention on the prevention
and punishment of enforced disaopearances
31. The Working Group welcomes the efforts of the Sub-Commission's sessional
working group on the administration of justice and the question of
compensation to prepare a draft international convention on the prevention and
punishment of enforced disappearances. The Working Group wishes to be further
informed of the progress made in the drafting work and would welcome being
invited to attend relevant meetings of the sessional working group.
32. With respect to the question of monitoring mechanisms raised in the
report of the sessional working group on the administration of justice and the
question of compensation (E/CN.4/Sub.2/l996/16, para. 47), the Working Group
is of the opinion that a monitoring body would be essential in order to
supervise the compliance of States parties. However, in order to avoid a
further proliferation of treaty monitoring bodies, the Working Group suggests
that this task should either be entrusted to one of the existing treaty
monitoring bodies, for example by adopting a further optional protocol to the
International Covenant on Civil and Political Rights, or to the Working Group
on Enforced or Involuntary Disappearances. In the latter case, the Working
Group would be prepared, in analogy to the double role of the Inter-American
Commission on Human Rights, to examine the possibility of continuing to
function as a thematic mechanism of the United Nations Commission on Human
Rights with respect to all countries of the world where cases of
disappearances are alleged to occur and, in addition, to function as a treaty
monitoring body with respect to States parties to the future convention on
disappearances.
E/CN. 4/1997/34
page 12
E. Special process on missing oersons in the
territory of the former Yugoslavia
33. The expert member of the Working Group in charge of the Special Process
on Missing Persons in the territory of the former Yugoslavia, established
pursuant to Commission on Human Rights resolutions 1994/72, 1995/35 and
1996/71, Mr. Manf red Nowak, continued his activities aimed at determining the
fate and whereabouts of many thousands of missing persons in Croatia and in
Bosnia and Herzegovina. In the period under review the expert concentrated
his field activities on the situation in Bosnia and Herzegovina, after the
entry into force of the Dayton Peace Agreement.
34. With the support of the human rights field operation of the
United Nations High Commissioner for Human Rights and in close cooperation
with other institutions in the field, such as the Office of the High
Representative, the International Criminal Tribunal for the Former Yugoslavia,
the Special Rapporteur on the situation of human rights in the territory of
the former Yugoslavia and the International Committee of the Red Cross, the
expert facilitated, in particular, a programme of excavation of mass graves
and exhumation of mortal remains f or the purpose of identifying deceased
missing persons, returning the remains to the families concerned and, thereby,
responding to the right of the families to know the truth about the fate of
their loved ones.
35. The activities of Mr. Nowak in 1996 and his analysis of the phenomenon
of disappearances in the former Yugoslavia are summarized in his report to the
Commission at its present session (E/CN.4/1997/55) .
E / CN. 4/1997 / 34
page 13
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES
IN VARIOUS COUNTRIES REVIEWED BY THE WORKING GROUP
Afghanistan
36. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Afghanistan.
37. The two outstanding cases concern a Jordanian journalist who reportedly
disappeared in Jalalabad, province of Nangarhar, in 1989 while on assignment,
and an American citizen of Afghan origin who allegedly disappeared in 1993
when he was on a visit to Afghanistan.
38. Although the Working Group believes that many more cases of
disappearance must have occurred in Afghanistan, individual cases have not
been brought to the Working Group's attention to allow it, in accordance with
its methods of work, to take action.
39. During the period under review, the Government provided information on
the two outstanding cases, stating that in one case the person concerned had
never been arrested and in the second case, following a lengthy investigation
by the security forces, as well as efforts in the Ministry of Foreign Affairs,
the subject's name had not been found in the register of any prison.
Algeria
40. During the period under review, the Working Group transmitted three
newly reported cases of disappearance to the Government of Algeria. During
the same period, the Working Group clarified six cases, all on the basis of
information provided by the Government on which no observations were received
by the source within a period of six months. In five cases the persons
concerned had reportedly been killed, and in one case the person had been
released from custody after 48 hours.
41. The majority of the 107 reported cases of disappearance occurred between
1993 and 1995. The security forces were alleged to be responsible for all the
arrests and subsequent disappearances, which reportedly occurred throughout
the country, although mainly in Algiers. A number of the disappeared are
reported to have been members or sympathizers of the Islamic Salvation
Front (FIS) . One case concerned a British resident who was reportedly
detained upon his arrival at the airport in Algiers. Another case concerned a
person holding dual Algerian and French citizenship. The victims were from a
variety of professions, including medical doctors, journalists, university
professors, students, civil servants and farmers.
42. The three newly reported cases allegedly occurred in 1994 and 1995 and
concerned a university student and an engineer from Annaba, who were
reportedly arrested by military security personnel, and a teacher who was
allegedly arrested by the police, taken to the police bunkers in Chateau-neuf
in Ben Akoun for interrogation and subsequently disappeared.
43. According to the information received from non-governmental
organizations, members of the security forces neither have warrants nor wear
uniforms when they carry out arrests. It is reported that in the majority of
cases the detainees are not brought before courts and are therefore
unaccounted for.
E/CN. 4/1997/34
page 14
44. During the period under review, the Government provided information
on 30 individual cases. In the majority of the cases the Government reported
that no arrest warrant had been issued against the person concerned. However,
the authorities concerned will continue investigations to determine the fate
of the disappeared persons. In nine cases, the Government reported that the
persons had been killed, and in four cases that the persons were suspected of
having participated in terrorist activities and were wanted by the security
forces.
Observations
45. The Working Group wishes to express its appreciation to the Government
for the information which it has provided on a number of individual cases. It
also wishes to remind the Government of its responsibility under article 10 of
the Declaration, that detainees be held in an officially recognized place of
detention and be brought before a judicial authority promptly after detention.
46. The Working Group, furthermore, while taking into account the legitimacy
of derogating from some human rights commitments, in accordance with
international law, during public emergencies, nevertheless wishes to stress
that, pursuant to article 7 of the Declaration, no circumstances whatsoever
may be invoked to justify enforced disappearances.
Angola
47. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Angola.
48. The four cases which remain pending on the Working Group's books concern
four men who were allegedly arrested in 1977 by the Angolan security forces,
in particular by DISA (Angolan information and security forces). Two of them
were reportedly arrested because they were suspected of supporting TJNITA.
49. With regard to the four outstanding cases, during the period under
review the Government informed the Working Group that it had done everything
in its power to locate all information concerning the people who disappeared
in Huambo and Onjiva, but to no avail. The Permanent Representative of Angola
to the United Nations Office in Geneva stated that ‘ for the second time, he
visited the provinces of Huambo and Kuando Kubango with a view to personally
participating in the enquiry conducted by the Angolan authorities into the
disappearance of these four persons. The Government stated that the resources
available to the Angolan authorities for meeting the thousands of requests to
trace those who disappeared as a result of the war were extremely limited. In
addition, many bodies had been spontaneously buried during the fighting, which
made it impossible to now identify the places of burial and to locate the
remains. Consideration should be given to the fact that many AngolanS had no
identity papers and had died a violent death. Since all possibilities of
investigation had been exhausted, the Government expressed the hope that the
Working Group would consider the four pending cases clarified.”
E / CN. 4 / 1997 / 34
page 15
50. In an effort to explore all means available to try to elucidate these
cases, the Working Group wrote to the Special Representative of the
Secretary-General in Angola to inform him of the situation, with the hope that
he may be able to be of assistance in shedding light on these cases. At the
time of issuing of the present report, no reply had yet been received by the
Group.
Argentina
51. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Argentina. At the same
time, the working Group deleted one case from the Argentine statistics when
the case was also found to be in the statistics of Uruguay.
52. In accordance with its prompt intervention procedure, on 2 May 1996 the
working Group sent a fax to the Government of Argentina requesting that it
ensure the protection of the basic human rights of six members of a group
composed of, children of victims of disappearances and other violations, who
were reportedly subjected to intimidation by members of the security forces.
53. The vast majority of the 3,461 reported cases of disappearance in
Argentina occurred between 1975 and 1978 under the military Government, in the
context of its campaign against left-wing guerrillas and their sympathizers.
54. As in the past, a number of non-governmental organizations have
continued to address themselves to the Working Group with regard to their
ongoing quest to have the fate of the persons who disappeared in Argentina
brought to light, in particular demanding that the Argentine State present any
documentation and other information in its possession on the human
consequences of the so-called war against subversion, and especially the
consequences of such operations for persons on whose whereabouts as
disappeared persons information had been requested.
55. In this connection, there are a number of cases before the courts about
which the Working Group has been amply informed over the past several years.
In 1996, the Group was advised that the time allotted for producing evidence
had expired. It is alleged that the plaintiffs have been deprived of the
opportunity to present evidence that was available at the beginning of the
proceedings, because public documents and other essential evidence in
proceedings brought against the State in the federal courts have been removed
or destroyed. Such information is said to include the entire records of the
military junta and administrative documentation on specific individuals who
disappeared during the military rule. An extensive collection of documents,
reportedly consisting of over 10,000 pages, containing charges of
disappearances of thousands of individuals and internal proceedings in that
connection under the military government, have reportedly been kept by the
Ministry of the Interior, who is said to maintain that these documents are not
relevant to the subject of the proceedings. It is claimed that several high-
level State officials appear prima facie to be involved in the systematic
obstruction of judicial action in these cases and that the plaintiffs have
decided to prosecute three ministers of the national executive and three
magistrates in this connection.
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56. By note verbale dated 22 February 1996, the Government of Argentina
informed the working Group of the action undertaken by the Argentine
authorities since 10 December 1983 to trace and establish the identity of
children of persons who disappeared in Argentina during the period 1976-1983.
It noted, inter qua , that the comprehensive investigation carried out by the
National Commission on the Disappearance of Persons (CONADEP), by the
judiciary and by the Office of the Attorney General covered the entire
spectrum of disappeared persons, encompassing children who disappeared
together with their parents as well as children who were born in captivity.
Concurrently, judicial proceedings were instituted in various courts, mainly
on the basis of a complaint lodged by the organization Grandmothers of the
Plaza de Mayo”, with the aim of tracing children.
57. The Government further reported that, in 1992, the President of
Argentina had established the National Committee for the Right to an Identity,
whose aim was to promote the search for disappeared children. The Commission
regularly and systematically performed activities in response to requests from
the Grandmothers of the Plaza de Mayo”, or at its own initiative. As at
22 February 1996, 57 children and young people had reportedly been traced.
58. By notes verbale dated 30 April and 2 August 1996, the Government
informed the Working Group of action undertaken by the authorities to pursue
investigations into cases of disappeared persons. It reported that, on the
basis of new information presented to it, the Buenos Aires National Appeals
Court for Federal Criminal and Correctional Cases had decided to initiate
proceedings in order to determine the fate of three individuals reported to
have disappeared in the period 1976-1983.
Observations
59. The Working Group understands the difficulties involved in gathering the
information necessary to determine the whereabouts of thousands of victims of
enforced disappearances that occurred 20 years ago in Argentina.
60. However, the figure of 3,461 outstanding cases that remain unelucidated
is a matter of serious concern. The Working Group points out that, according
to the Declaration it is a continuous commitment of the Argentine State to
conduct investigations ‘thoroughly and impartially” (art. 13) ‘ f or as long as
the fate of the victim of enforced disappearance remains unclarified”
(art. 13, para. 6) . This commitment does not prevent Argentina from
exploring, in conjunction with relatives, additional ways of dealing with
outstanding cases, including the possibility of compensation mechanisms.
Bangladesh
61. During the period under review, the Working Group transmitted, for the
first time, one case of disappearance to the Government of Bangladesh, which
reportedly occurred in 1996 and was sent under the urgent action procedure.
62. This case concerned the organizing secretary of the Hill Women's
Federation (an organization which reportedly campaigns for the rights of the
indigenous people in the Chittagong Hill Tracts), who is said to have been
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forcibly taken from her home in the Chittagong Hill Tracks by security
personnel before the general elections of 12 June 1996. It is believed that
her abduction may have been linked to her support of a candidate representing
the interests of indigenous people in the parliamentary elections.
63. During the period under review, the Government informed the Working
Group that the Home Minister had established a three-member committee to carry
out an investigation into this case and submit its report to the Ministry of
Home Affairs. The Committee was to investigate the present case as well as
suggest legal steps to prevent such incidence in the future.
Bolivia
64. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Bolivia.
65. The majority of the 48 cases of disappearance reported to the
Working Gro .ip occurred between 1980 and 1982, in the context of measures taken
by the authorities following two military coups d'etat . Twenty of these cases
have been clarified.
66. Following a request from the Government, the Working Group
retransmitted to it a summary of the 28 outstanding cases. In a letter dated
7 September 1996, the Government noted that the cases of disappearance had
taken place under dictatorial regimes. Since 1982, successive Bolivian
Governments had made efforts to elucidate the cases of disappearance and to
punish the perpetrators. As a result, many of those who had committed human
rights violations had been imprisoned. The Government also provided
information on the 28 outstanding cases. However, the Group considered that
it was insufficient to constitute a clarification.
67. The Working Group considers the reply from the Government as a positive
step, after many years of no communication.
Brazil
68. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Brazil. During the same
period, the Working Group clarified 42 of the 51 outstanding cases, in which
the relatives had recognized as dead their missing family members and for
which the Government issued death certificates and informed the Group of the
relatives who had received compensation and the amount paid. Most of the 56
cases of disappearance transmitted to the Government by the Group occurred
between 1969 and 1975, under the military Government, in particular during the
guerrilla warfare in the Aerugo region. The Working Group also retransmitted
four cases to the Government, updated with new information from the source,
and deleted one case from the Brazil statistics which was found to be
duplicated in the Chile country file (see under Chile) .
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69. In accordance with its prompt intervention procedure, the Working Group
sent a fax to the Government of Brazil requesting that it ensure the
protection of the basic human rights of a witness to a case of disappearance.
The witness was reportedly subjected to death threats following her testimony,
which is said to have resulted in the initiation of proceedings against eight
police officers.
70. During the period under review, the Government of Brazil informed the
Working Group that a bill concerning the recognition as dead of persons
missing in connection with their political activities in the period 1961-1979,
had been approved by the National Congress and promulgated by the President
of the Republic. The Government informed the Group that the Bill provided
that the relatives of the above-mentioned persons were entitled to obtain
death certificates and to receive compensation from the State. The Government
provided a list of names of such persons, their beneficiaries and the amount
paid; the list included the names of all the persons whose cases are pending
on the Working Group's books. In addition, the Bill provided for the creation
of a Special Commission to consider the inclusion of new names in the list of
the disappeared recognized as dead. The Government provided a list of names
of 156 persons, as at 30 October 1996, who were to receive compensation
pursuant to this law by the end of the year.
71. The Government further reported that ‘ 1 simple inclusion of the name in
the list of persons recognized as dead by the Bill or recognition by the
Special Commission created by the same Bill guarantees by itself the right to
request death certificates from the public registration offices, which are the
offices responsible for the issuance of these certificates. According to the
Ministry of Justice and to the above-mentioned Special Commission, the
recognition of the deaths, either those on the initial list or through the
Special Commission, is a sufficient condition both to receive compensation and
to request the death certificates. Although the right to request death
certificates is guaranteed, it is up to each family to decide if it will
exercise this right or not. Compensation is due by the State automatically
after the recognition of the victim's death. The Special Commission continued
its activities with regard to the investigation and localization of corpses
and in May 1996 sent a mission to the region where the Aerugo guerrilla
warfare took place. Forensic experts have started the work of exhumation”.
72. The Government further reported that the payment of compensation was to
be by groups of beneficiaries. “By the end of 1996, 159 groups are to be
compensated, corresponding to the sum of approximately US$ 18 million.
Compensations reportedly have a minimum value of US$ 100,000, but larger
amounts may be paid on the basis of the expected lifetime of the victim at the
time of his/her disappearance.”
73. The Working Group received information from non-governmental
organizations. They welcomed the adoption of this Bill and the progress made
in relation to compensation for the families of the disappeared. However,
concern was expressed that the Bill might set a limiting precedent in
relation to other cases, and in particular that the legislation did not
provide for a full investigation of the circumstances of these human rights
violations, or for those responsible to be identified or brought to justice.
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74. Furthermore, with regard to locating the remains of the disappeared,
concern was expressed that the legislation placed an unreasonable burden on
the families. It was said that relatives were asked to provide indications as
to the location of the remains, in order that the Commission might decide on
whether there was sufficient evidence to proceed with investigations at those
sites. It was argued that it was the State, rather than the victims'
relatives, which had access to such information.
Observations
75. The Working Group welcomes the approval of and steps taken for the
implementation of the Bill, which entitles the relatives of persons who
disappeared between 1961 and 1979 to obtain death certificates and to receive
compensation from the Brazilian State. This is a very important step which
complies with the commitment of the State that “in the event of the death of
the victim as a result of an act of enforced disappearance, their dependents
are entitled to a compensation” (art. 19 of the Declaration) . It is important
to recall that, according to the Working Group's methods of work, in
situations of presumption of death, the case or cases can be considered
clarified only when there is concurrence of the relatives and other interested
parties.
Burkina Faso
76. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Burkina Faso.
77. The three outstanding cases of disappearance reported to the
Working Group concern two soldiers and a university professor, all of whom
were reportedly arrested in 1989, together with 27 other persons, on charges
of having participated in an alleged conspiracy against the Government.
78. Despite several reminders, no information has ever been received by the
Working Group from the Government regarding these cases. The Working Group
is, therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Burundi
79. During the period under review, the Working Group transmitted two newly
reported cases of disappearance to the Government of Burundi, which were sent
under the urgent action procedure.
80. The 45 previously reported cases of disappearance in Burundi occurred
in Bujumbura between November and December 1991, following attacks against the
Government in the capital and the north-western provinces of Cibitoke and
Bubanza, as well as in September 1994 in Kamenge and Cibitoke, suburbs of
Bujumbura. Thirty-one of the disappeared persons, who were of Hutu origin,
were reportedly arrested by members of the security forces, mainly composed of
the Tutsi minority. Most of them were later held at Mura and at paratroopers'
barracks in Bujumbura, while others allegedly disappeared while in custody at
the headquarters of the Gendarmerie's Special Investigations Brigade, in
Bujumbura. The more recently reported cases of disappearance allegedly
concern Hutus, most of whom had reportedly been assembled and held by members
E / CN. 4 / 1997 / 34
page 20
of the security forces on the playing field of the Ecole technique sup rieure
in Bujumbura, Kamenge suburb. These persons, reportedly suspected of
possessing arms, were said to have been arrested and taken away to an unknown
destination by members of the armed forces. Another case of disappearance
concerned a colonel, responsible for military schools and the Training Centre
of the Burundese Army, who was reportedly abducted as he was coming out of the
house of one of his colleagues, where he had gone to collect documents before
leaving for a seminar abroad.
81. The two newly reported cases of disappearance concern one person who
was allegedly arrested by gendarmes at a military check-point in Bujumbura and
taken away to an unknown destination. The second case relates to a person
reportedly arrested by gendarmes during a control on one of the main roads on
the outskirts of the capital and then allegedly detained at the Special
Investigations Brigade.
82. During the period under review, confrontations between rebel groups and
the Burundese army sharply increased throughout the country. According to
information received by the Working Group, after a period of relative calm
during the first two months of the year, civil war spread, for the first time,
into the southern provinces of the country, which so far had been relatively
spared. This outburst of violence and internal strife, which provoked the
flight and displacement of some 100,000 people in the south, was later
followed by unrest in the centre of the country and renewed fighting in
Cibitoke province. In several major incidents in May and June hundreds of
civilians, mainly women, children and the elderly, lost their lives in army
repraisals against the civilian population following rebel attacks on military
positions or industrial targets.
83. In this overall climate of fear and insecurity, allegations of a
general nature received by the Working Group indicate a growing number of
disappearances and arbitrary arrests, as well as targeted assassinations of
intellectuals, provincial governors, merchants and local administrators among
the Hutu community.
84. It was against this extremely grim background that the military
coup d' tat of 25 July 1996 took place, in which President Sylvestre
Ntibantunganya was replaced by Major Pierre Buyoya, former President of the
Republic of Burundi from 1987 to 1993.
85. Although several reminders have been sent, no information has been
received by the Working Group from the Government with regard to these cases
of disappearance. The Working Group is, therefore, unable to report on the
fate and whereabouts of the disappeared persons.
Cameroon
86. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Cameroon.
87. All six outstanding cases reported to the Working Group occurred
in 1992. The cases concerned five youngsters aged 13 to 17, including
three brothers, who were reportedly seen being taken into police custody in
Bamenda in February 1992 at the time of the arrest of leaders of the Cameroon
E/ CN. 4 / 1997 / 34
page 21
88. During the period under review, no information was received by the
Working Group from the Government concerning these cases. The Working Group
is, therefore, unable to report on the fate or whereabouts of the disappeared
persons.
Chad
89. During the period under review, the Working Group transmitted six newly
reported cases of disappearance to the Government of Chad. All of them are
said to have occurred in 1996 and were sent under the urgent action procedure.
90. Of the six cases of disappearance reported to the Working Group in the
past, five occurred in 1991 and one in 1983. The latter was submitted by a
relative of the victim and concerned a member of the Democratic National Union
who was reportedly taken prisoner in July 1983 in the context of clashes
between government troops and opposition forces which took place at
Faya-Largeau. The other cases concerned members of the Hadjerai ethnic group
who were reportedly arrested on 13 October 1991 by the Chadian security
forces. They are said to have been detained following an announcement by the
authorities that an attempt by a section of the Chadian armed forces to
overthrow President Idriss Deby had been thwarted. Soldiers loyal to the
Government are said to have killed and arrested many civilians, solely because
they came from the Hadjerai ethnic group.
91. The newly reported cases concern six members of armed opposition groups
who are said to have been arrested by the Sudanese security forces at El
Geneina in the Sudan, near the Chadian border, and handed over to the Chadian
security forces. They are alleged to have then been transferred to N'Djamefla
by members of the Agence nationale de s curit .
92. During the period under review, no information was received by the
Working Group from the Government concerning these cases. The Working Group
is, therefore, unable to report on the fate of the disappeared persons.
Observations
93. The Working Group is concerned about the recently reported cases of
disappearance. It wishes to remind the Government of Chad of its
responsibility under article 3 of the Declaration to take effective
legislative, administrative, judicial or other measures to prevent and
terminate acts of enforced disappearances in any territory under its
jurisdiction.
Chile
94. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Chile. During the same
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period, the Working Group considered 20 cases clarified, based on information
provided by the Government in which it was reported that the body of the
persons concerned had been found and identified, as a result of tests carried
out by the Forensic Medicine Department of Santiago.
95. The vast majority of the 912 reported cases of disappearance in Chile
occurred between 1973 and 1976 under the military Government. They concerned
political opponents of the military dictatorship, from different social
strata, most of them activists in the Chilean leftist parties. Those
responsible for the disappearances were members of the army, the air force,
the carabineros and persons acting with the acquiescence of the authorities.
96. During the period under review, the Government of Chile provided
information on 27 individual cases. On the basis of this information, the
Working Group considered clarified 20 of these cases in which it was reported
that the bodies of the persons concerned had been found and identified, as a
result of tests carried out by the Forensic Medicine Department of Santiago.
With regard to the other seven cases, the Working Group requested the
Government of Chile to provide it with additional details on the judicial
proceedings, in particular whether the families of the victims had taken part
in the investigations, either at the judicial level or the investigation
carried out by the National Agency for Compensation and Reconciliation.
97. During the same period, the Government of Uruguay submitted information
to the Working Group on a Uruguayan citizen who had disappeared in Chile. It
informed the Group that the remains of the person concerned had been found in
a common grave in Santiago, identified and repatriated to Uruguay.
98. The Government of Brazil also provided information on a Brazilian
citizen who had disappeared in Chile. It reported that the Government of
Chile had accepted responsibility for the person's disappearance and was
paying compensation to the subject's family. This case was erroneously
entered in both the Brazil and Chile country statistics. In accordance with
the methods of work of the Working Group, since the case occurred in Chile, it
should figure in the Chile country statistics only. Accordingly, at its
fiftieth session, the Working Group deleted this case from the country files
of Brazil.
Observations
99. The Working Group welcomes the steps taken by the Government of Chile
to clarify some of the outstanding cases and continues to follow with interest
the efforts to compensate the families ‘tin the event of the death of the
victim as a result of an act of enforced disappearance” (art. 19 of the
Declaration) .
100. However, regarding the remaining outstanding cases, the Working Group
points out that, in accordance with the Declaration, it is the continuous
commitment of the Government of Chile to conduct investigations ‘ thoroughly
and impartially” (art. 13) for as long as the fate of the victim of enforced
disappearance remains unclarified” (art. 13, para. 6) .
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China
101. During the period under review, the Working Group transmitted 17 newly
reported cases of disappearance to the Government of China, six of which
reportedly occurred in 1996.
102. Most of the 73 cases of disappearance reported to have occurred in
China took place between 1988 and 1990, the majority of which concern
Tibetans. Reportedly, some of them disappeared after being arrested for
writing or singing national poems or songs. Nineteen of these cases concerned
a group of Tibetan monks who had reportedly been arrested in Nepal,
interrogated by Chinese officials while in detention and, allegedly, turned
over to the Chinese authorities at the Jatopani border. Other victims
reportedly were human rights activists involved in pro-democracy activities.
Three of the reported cases concerned persons who disappeared after the
incident in Beijing in 1989. .
103. Sixteen of the newly reported cases of disappearance are said to have
occurred in Tibet and concerned eight monks, a church leader, an accountant, a
driver, a mechanic, a teacher, two businessmen and one person of unknown
profession. In all the cases the Public Security Bureau Police were alleged
to be responsible. One of the disappeared persons is said to have been
arrested for having participated in a religious ceremony in which a prayer was
offered for the long life of the Dalai Lama, and several others were
reportedly arrested in Lhasa in 1995 and 1996 for having distributed leaflets
containing political messages. Four monks who reportedly disappeared in 1996
were allegedly accused of having produced pro-independence posters and
leaflets containing prayers for the health and safety of the child reported as
disappeared, recognized by the Dalai Lama on 14 May 1995 as the reincarnation
of the late Panchen Lama. Several other persons are reported to have
disappeared following celebrations to mark the 30th anniversary of the
founding of the Tibetan Autonomous Region.
104. One other case of disappearance reported during the period under
review, is said to have occurred in Beijing and concerns a writer who was
reportedly arrested two days after signing a petition entitled Greeting the
United Nations Year of Tolerance, we appeal for the realization of tolerance
in China”, on the occasion of the sixth anniversary of the 1989 Tianamin
Square incident.
105. During the course of 1996, the Working Group received information from
non-governmental organizations alleging an emerging pattern of disappearances
in Tibet”. It is claimed that such disappearances occur as so-called
recurrent detention”, where a person is taken into custody for a few days or
hours, then released, and the process repeated several days later. Families
are reportedly given no information or documentation to indicate that their
relatives are detained. Human rights monitors, or those suspected of human
rights activities, including those suspected of sending abroad information on
the situation in China, are said to be particularly targeted by this practice.
106. It is further reported by non-governmental organizations that the
prison system in various parts of the country, Tibet in particular, falls
under the jurisdiction of the Ministry of Public Services (police) rather than
E/CN. 4/1997/34
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that of the Ministry of Justice. This means a single government agency not
only investigates and prosecutes, but also retains custody of the accused
person after trial - a situation condemned under international standards as
being likely to lead to human rights violations.
107. During the period under review, the Government provided information on
three cases which concern the disappearance of the boy, Gedhun Nyima, who was
reportedly recognized as the reincarnation of the tenth Panchen Lama by the
Dalai Lama in 1995, and his parents. The Government stated the following:
A few unscrupulous souls have tried to smuggle the boy abroad. They even
plotted to do him physical harm and then shift the blame to the Government of
China. Fearing for his safety, the boy's parents appealed to the Government
for protection. The Government has responded to their request by taking
security measures to protect the boy, his parents and other family members.
At present they are leading normal lives and enjoying perfect health.
Unfortunately, unless we have their consent, we are not at liberty to reveal
their place of refuge.”
108. The Working Group remains concerned about the whereabouts of the child,
Gedhun Nyima, who is the subject of the controversial issue regarding the
reincarnation of the late Panchen Lama. In this connection, in accordance
with its methods of work, the Working Group would appreciate being provided by
the Government of China with documents supporting its statement that he and
his parents had appealed to the Government for protection and at present are
1eading normal lives and enjoying perfect health”.
Observations
109. The Working Group is extremely concerned about the recent increase of
disappearances in China, particularly in Tibet, reported to it this year.
110. The Working Group wishes to remind the Government of China of its
responsibility under article 3 of the Declaration to take effective
legislative, administrative, judicial or other measures to prevent and
terminate acts of enforced disappearances in any territory under its
jurisdiction. It also wishes to remind the Government of its commitment,
under article 14 of the Declaration, ‘to bring to justice all persons presumed
responsible for an act of enforced disappearance”.
Colombia
111. During the period under review, the Working Group transmitted 23 newly
reported cases to the Government of Colombia, 16 of which reportedly occurred
in 1996. Of these newly reported cases, 20 were transmitted under the urgent
action procedure. During the same period, the Group clarified nine cases on
the basis of information previously provided by the Government on which the
source has not made any observations during a six-month period.
112. In accordance with Commission on Human Rights resolution 1995/75, the
Working Group sent a “prompt intervention” cable to the Government of Colombia
on behalf of persons who had allegedly been subjected to acts of intimidation
or harassment. They included members of the Association of Relatives of
Disappeared Detainees; relatives of two persons missing after the killing of
E / CN. 4 / 1997 / 34
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one member of the family, who had been making inquiries on the whereabouts of
the disappeared; and witnesses to the arrest of one person who subsequently
disappeared, who had given testimony before the judicial authorities.
113. The majority of the 970 reported cases of disappearance in Colombia
have occurred since 1981, in particular in Bogota and regions where the level
of violence is highest. The cases include those of persons belonging to civic
or human rights groups who had publicly denounced abuses by members of the
security forces or paramilitary groups.
114. The newly reported cases transmitted this year occurred in the
departments of Antioquia (7), Atlantico, (2), Cesar (7), Cordoba (1) , Choco,
(1), Meta (1), Santander (3) and the city of Bogota (1) . The forces alleged
to be responsible were the army (5), the police (2), members of paramilitary
groups (11) and unidentified men in civilian clothes believed to be linked to
governmental forces (5) . .
115. During the period under review, a number of non-governmental
organizations expressed concern with regard to a bill of constitutional
reform, presented to Parliament in April 1996 by a group of senators,
establishing that all crimes committed by members of the fuerza p blica”
(armed forces and police) should be dealt with under military jurisdiction.
That would include not only penal but also disciplinary investigations. If
the bill was approved, therefore, all disciplinary proceedings conducted under
the current legislation, by the Office of the Procurator General
( Procuraduria General de la Nacidn”) would be transferred to the military
jurisdiction. The Government responded to this criticism by saying that the
bill, which had not yet been discussed, was an initiative of the Congress and
that the Government had not expressed its support for it. It also pointed out
that the purpose of the bill was to establish a mechanism by which all penal
investigations against members of the fuerza pdblica” would be initiated by
personnel from the military justice system, who would only decide whether or
not the facts in question were related to the service. The bill was by no
means intended to assign all such investigations definitively to the military
jurisdiction.
116. Non-governmental organizations also expressed concern that during 1995
and 1996 there had been no progress whatsoever regarding the preparation and
discussion of a new bill aimed at including ‘forced disappearance” as a
separate crime in the Penal Code. The Government, as well as the Parliament,
had allegedly shown a total lack of interest in the subject. Judges and
investigators, therefore, continued to consider the cases of disappearance as
‘kidnapping”. In addition, those cases continued to be transferred to
military jurisdiction whenever members of the armed forces or the police
appeared to be implicated in a disappearance. In connection with this issue,
the Government informed the Working Group that discussions were under way on
the preparation of a new draft, and that the question of military jurisdiction
and due obedience would have to be dealt with in the framework of the reform
of the military criminal justice system.
117. The Working Group was also informed by non-governmental organizations
of another bill on constitutional reform presented to Parliament by the
President of the Republic in August 1996. This bill would suppress many of
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the limitations imposed by the 1991 Constitution on the possibility of
declaring a state of emergency and give additional powers to the Executive
while a state of emergency was in force. The bill would also give judicial
police functions to the Armed Forces and restrict the possibility of
individuals to avail themselves of the writ of protection. According to the
sources, all these measures, if approved, would very much undermine the human
rights protection system set forth in the Constitution.
118. During the period under review, the Government transmitted information
on some 160 outstanding cases. Most of these replies contained details of the
legal proceedings carried out by the various authorities dealing with the
cases. In nine of them, the whereabouts of the missing persons were
indicated.
119. The Government requested the Working Group to consider clarified the
cases reportedly transmitted before 1990 on which no additional information
had since been received. The Group replied by reminding the Government of its
methods of work, in accordance with which cases remained in the Working
Group's files for as long as the exact fate and whereabouts of the missing
persons had not been established.
120. In a note verbale dated 26 February 1996, the Government transmitted
information regarding the implementation of the recommendations made by the
various thematic mechanisms of the Commission on Human Rights that had visited
the country. It mentioned, in particular, that the Government had established
a plan for the development of the justice system; that the Office of the
Attorney-General had set up a unit to deal exclusively with investigations on
human rights cases; that the Constitutional Court had declared
unconstitutional the practice of incorporating military personnel in judicial
police units; and that the Government intended to present to the Congress, in
March 1996, a draft of the new code of military justice. With regard to the
functioning of the habeas corpus procedure, the Government explained the
reasons why it had been subject to restrictions, and pointed out that it was
ready to study any proposal of reform that would allow it to reconcile
safeguarding of the right to protection with the risks involved if the
restrictions were lifted. .
Observations
121. The Working Group expresses its appreciation to the Government of
Colombia for its cooperation during the period under review, and understands
the difficulties in gathering the information necessary to determine the
whereabouts of the victims of enforced disappearances. However, the Working
Group is concerned that the evolving situation has generated 23 new cases of
disappearances during the period under review. The Working Group wishes to
remind the Government of the urgency of taking ‘ 1 effective legislative,
administrative, judicial or other measures to prevent and terminate acts of
enforced disappearance”, in accordance with the Declaration (art. 3) . It also
recalls that it is the continuous commitment of the Government of Colombia to
conduct investigations “thoroughly and impartially” (art. 13) “for as long as
the fate of the victim of enforced disappearance remains unclarified”
(art. 13, para. 6).
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122. The Working Group emphasizes the need for compliance with the
commitment to try alleged perpetrators of disappearances in ordinary and not
military or special courts (art. 16, para. 2) and to ensure prompt and
effective judicial remedy” (art. 9) as a means of preventing disappearances.
It is therefore especially important to have full guarantees of the use of
habeas corpus. Finally, it urges the Colombian authorities to do everything in
their power to ensure the safety of relatives and witnesses (art. 13,
para. 3).
Cvorus
123. As in the past, the Working Group continued to remain available to
assist the Committee on Missing Persons in Cyprus (CMP). The Working Group
noted that in 1996 the Committee, whose activities are based mainly on the
testimony of witnesses and investigations in the field, held two sessions,
including 12 meetings at the beginning of the year, before the retirement of
the Third Member, Mr. Paul Wurth, in March 1996.
124. The Working Group was informed that, following the submission of the
final report of the Third Member and before initiating the procedure to
appoint a new Third Member, the Secretary-General of the United Nations had
addressed a letter to the two Cypriot leaders on 4 April 1996, asking both
sides to reach a consensus on four specific points before the end of
June 1996, in order to enable the CMP to make expeditious progress.
125. Despite the substantial work carried out by both sides, agreement on
the four points has not been reached. The Secretary-General is currently
considering the merits of continuing United Nations support to the CMP.
Dominican Reeublic
126. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Dominican Republic.
127. Of the two outstanding cases, one concerns a person who was arrested in
June 1984 in Santo Domingo and subsequently disappeared. The other concerns a
university lecturer, who was also a journalist and political activist, who was
reportedly detained in May 1994 by members of the army and subsequently taken
to a military base.
128. During the period under review, no new information was received from
the Government with regard to the outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the persons
concerned.
Ecuador
129. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Ecuador.
130. The majority of the 20 reported cases of disappearance occurred
between 1985 and 1992 and concerned persons who were reportedly arrested by
members of the Criminal Investigation Service of the National Police. The
E/CN. 4/1997/34
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disappearances occurred in Quito, Guayaquil and Esmeraldas. In three cases
the victims were children. Three other cases concerned Peruvian citizens who
were reportedly detained in January and February 1995 in the cities of
Huaquillas, Loja and Otavalo.
131. During the period under review, the Government requested copies of the
outstanding cases, which were sent to it on 14 May 1996. No new information
was received, however, from the Government on the outstanding cases. The
working Group is, therefore, unable to report on the fate and whereabouts of
the persons concerned.
Egypt
132. During the period under review, the Working Group transmitted two newly
reported cases of disappearance to the Government of Egypt, one of which
reportedly occurred in 1996.
133. Of the total 17 cases of disappearance reported to the Working Group,
two have been clarified. Of the 15 outstanding cases, the majority allegedly
occurred between 1988 and 1994 and were submitted by non-governmental
organizations and relatives of the victims. The victims included alleged
sympathizers of Islamic militant groups, students and three citizens of the
Libyan Arab Jamahiriya. The renewal of the state of emergency during this
period, which reportedly gave free rein to the security forces without
supervision or accountability, is said to have been an aggravating factor in
the disappearances.
134. The newly reported cases concern a trader and a doctor; in both cases,
officers of the State Security Investigations Office are alleged to be
responsible for the disappearance.
135. During the period under review, the Government submitted replies on
15 cases of disappearances, reporting that in five cases the persons concerned
are in prison either for belonging to terrorist organizations or for
committing terrorist acts; two cases involve suspicion of criminal activity;
three cases involve Libyan nationals on whom there is no criminal or
administrative information, and the police are still investigating the
relevant circumstances; one case concerns a person who was released after
being detained by the security authorities and on whom there is no new
information; in two cases the results of the investigation did not reveal that
any security-related or legal measures had been taken against the persons
concerned, in one case that the person had been released from detention and
left the country, and in one other case that the person concerned had escaped
from prison. In a number of other cases, the Government reiterated
information previously provided.
136. At its fiftieth session, the Working Group met with a representative of
the Government of Egypt who expressed the desire and determination of his
Government to continue to cooperate with the Working Group. During the
discussion, an exchange of views also took place on a number of individual
cases.
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El Salvador
137. During the period under review, the Working Group transmitted 23 newly
reported cases of disappearance to the Government of El Salvador.
During the same period, the Working Group clarified 15 cases on the basis of
information provided by the source in which it was reported that in six cases
the persons had been found alive and living at liberty; in four cases the
corpses of the persons concerned had been found, and in two cases the
presumption of death had been judicially declared following an official
request by the relatives.
138. The majority of the 2,661 reported cases occurred between 1980
and 1983, in the context of the armed conflict between the Government of
El Salvador and the Farabundo Marti National Liberation Front (FMLN). Many
victims disappeared following arrest by uniformed soldiers, uniformed police
or abduction in death-squad-style operations carried out by armed men in
civilian clothing, reportedly linked to the army or to the security forces.
Abductions by armed men in civilian clothing were, in some cases, subsequently
recognized as detentions, which raised allegations of links with the security
forces.
139. All of the newly reported cases occurred between 1979 and 1985 under
the circumstances described above.
140. During the period under review, no new information was received from
the Government with regard to the outstanding cases. The Group is, therefore,
still unable to report on the fate or whereabouts of the disappeared persons.
Observations
141. The Working Group is encouraged by the fact that not a single new case
of disappearance has been recorded since 1992. However, it continues to be
concerned that little has been done to clarify the 2,270 outstanding cases.
The Working Group wishes to remind the Government of El Salvador that, in
accordance with the Declaration, it is the continuous commitment of the
Government of El Salvador to conduct investigations thoroughly and
impartially” (art. 13) ‘ f or as long as the fate of the victim of enforced
disappearance remains unclarified” (art. 13, para. 6) .
142. The Working Group encourages the efforts that the Government, the
Ombudsperson (or Procurator's Office for the Protection of Human Rights) and
the relatives may take to clarify the cases and, if applicable, implement the
provisions of article 19 of the Declaration, which entitles the relatives to
compensation in the event of the death of the victim as a result of an act of
enforced disappearance”.
Equatorial Guinea
143. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Equatorial Guinea.
144. The three previously reported cases of disappearance concern members of
political opposition parties who were reportedly arrested in Malabo on 9 and
10 August 1993. The police authorities, however, reportedly refused to
disclose any information on their whereabouts.
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145. Although several reminders have been sent, and the cases retransmitted
to the Government, at its request, in July 1996, no information has ever been
received by the Working Group from the Government on the three outstanding
cases. The Working Group is, therefore, still unable to report on the fate
and whereabouts of the disappeared persons.
Ethiopia
146. During the period under review, the Working Group transmitted one case
to the Government of Ethiopia which reportedly occurred in 1996 and was sent
under the urgent action procedure. During the same period, the Working Group
clarified this case on the basis of information received from the source in
which it was reported that the person concerned had been located in detention
in Ethiopia.
147. The majority of the 102 cases of disappearance reported to the Working
Group occurred between 1991 and 1994 under the Transitional Government and
concerned members of the Oromo ethnic group suspected of participation in the
Oromo Liberation Front who were arrested in Addis Ababa or disappeared from
the Huso military detention camp in western Ethiopia. Other cases concerned
members of the Ogaden National Liberation Front (a political party) who
disappeared in eastern Ethiopia, in the Ogaden, an area reportedly inhabited
by ethnic Somalis, and in which there were reports of fighting by elements of
the Ogaden National Liberation Front. Some 30 other cases occurred between
1974 and 1992 after the military Government took power, and concerned mainly,
although not exclusively, high-ranking officials of Emperor Haile Selassi&s
Government and members of the Oromo ethnic group, in particular those believed
to be involved with the Oromo Liberation Front, or persons accused of
involvement with opposition political groups, including the Ethiopian
Socialist Movement.
148. The newly reported case concerned an Ethiopian refugee in Djibouti who
was reportedly arrested at a refugee camp in Djibouti by members of the
Djiboutian police and handed over to the Ethiopian authorities.
149. During the period under review, no new information was received from
the Government with regard to the outstanding cases. The Working Group is,
therefore, still unable to report on the fate or whereabouts of the vast
majority of disappeared persons.
Observations
150. The Working Group regrets that there has been no further information
from the Government on the fate of the persons reported as disappeared. In
this connection, it wishes to remind the Government of its commitment, under
articles 13 and 14 of the Declaration, to investigate thoroughly all cases of
enforced disappearance and to bring the perpetrators to justice.
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Gambia
151. During the period under review, the Working Group transmitted, for the
first time, one case of disappearance to the Government of the Gambia. The
case concerns a member of the now dissolved House of Representatives of the
Gambia who was allegedly arrested in 1995 by the police and who subsequently
disappeared.
152. As the above-mentioned case was examined by the Group at its third
annual session and only sent to the Government on 11 December 1996, no
information was expected from the Government on the fate and whereabouts of
the disappeared person prior to the adoption of the present report.
Greece
153. During the period under review, the Working Group transmitted one newly
reported case of disappearance to the Government of Greece, which reportedly
occurred in 1995 and was sent under the urgent action procedure. During the
same period, the Working Group retransmitted the same case to the Government,
updated with new information from the source.
154. The two other outstanding cases were transmitted to the Government in
1993 and concern Albanian cousins who were reportedly taken by the police in
Zagora the same year. The Government informed the Working Group in 1993 that
the persons in question had never been arrested by the police, but that
investigations were continuing.
155. The one newly reported case concerns a Swiss citizen who was reportedly
travelling from Greece to Italy on a Greek ship and who was denied entry into
Italy and returned to Greece on the same ship.
156. During the period under review, the Government provided information to
the Working Group on the one newly reported case in which it said that, in the
past, the subject had twice been denied entry into Greece and had been
expelled from the country on several occasions for involvement in
international criminal activity. The Government stated that the Italian
authorities had returned him to Greece on the Greek ferry, but that no
official exit of the person concerned from the ship was recorded and he might
have gone ashore before passenger disembarkation control took place. The
Government further reported that the competent authorities were conducting an
investigation, and any results of their search would be communicated to the
source and the subject's family.
Guatemala
157. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Guatemala. During the
same period, the Working Group considered five cases clarified on the basis of
information previously provided by the Government on which the source had made
no observations within the six-month period; in two cases the persons
concerned were found living at liberty, and the corpses of three other persons
were located. The Working Group also retransmitted to the Government one
case, updated with new information from the source.
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158. Concerned about the number of disappearances in Guatemala, the Working
Group undertook a visit to that country in 1987. The observations included in
the 1987 report on that mission (E/CN.4/1988/19/Add.l) referred in particular
to the efforts that should be made to improve the functioning of habeas corpus
procedures, to protect the life of witnesses, as well as of individuals and
members of organizations reporting cases, and to adopt effective measures to
prevent and clarify disappearances.
159. The majority of the 3,151 reported cases of disappearance in Guatemala
occurred between 1979 and 1986, mainly under military regimes, and in the
context of the Government's fight against the Tinidad Revolucionaria Nacional
Guatemalteca (URNG) . The cases have been described in detail in the Group's
previous reports.
160. At the forty-eighth session, representatives of the Government of
Guatemala met with the Working Group and reiterated their desire to cooperate
with the Group; they also requested to be provided with a list of all the
outstanding cases and gave the Working Group information on a number of
individual cases.
161. During the period under review, the Government provided information on
33 individual cases of disappearance. In a number of cases the Government
reported that the persons concerned had been found alive at their homes,
according to police registers, but no addresses or dates were provided. Other
cases were reported to be under investigation or before the courts.
Observations
162. The Working Group expresses its appreciation for the cooperation of the
Government during the period under review. The Working Group is encouraged by
the fact that no case of disappearance has been reported as having occurred in
1996.
163. However, regarding the 3,007 outstanding cases, the Working Group
reminds the Government that, in accordance with the Declaration, it is the
continuous commitment of the Government to conduct investigations “thoroughly
and impartially” (art. 13) “for as long as the fate of the victim of enforced
disappearance remains unclarified” (art. 13, para. 6). In addition, it
reminds the Government, of the need to improve the functioning of habeas
corpus so as to comply with the commitment to guarantee “a prompt and
effective judicial remedy” (art. 9) to prevent disappearances.
Guinea
164. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Guinea.
165. The majority of the 28 reported cases in Guinea occurred in 1984 and
1985 in the context of a coun d' tat . It may be noted that the Working Group
has received no reports of disappearances occurring in Guinea after 1985.
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166. During the period under review, no new information was received from
the Government with respect to the outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Haiti
167. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Haiti.
168. The majority of the 48 reported cases of disappearance occurred in
three waves during the periods 1981-1985, 1986-1990 and 1991-1993. Most of
the cases which occurred during the first period concerned members or
supporters of the Haitian Christian Democrat Party who were allegedly arrested
by members of the armed forces or by the Tonton Macoutes. The cases that
occurred during the second period concerned persons who were reportedly
arrested by armed men in civilian clothes, members of the Anti-Gang and
Investigation Service, and by the police. The last wave of cases took place
in the aftermath of the coup d' tat which ousted President Aristide.
169. During the period under review, the G 9 vernment of Haiti informed the
Working Group that with reference to the cases of disappearance which
reportedly occurred between 1981 and 1990, when President Aristide assumed his
functions as President of Haiti on 7 January 1991, the Government found no
political prisoners in Haitian jails and no files relating to the persons
reported as disappeared. With regard to the cases which reportedly occurred
between 1991 and 1994, following the return to constitutional order on
15 October 1994, the Government found no files relating to the persons who had
allegedly disappeared. It stated that all of the documents of the Haitian
Armed Forces and of the Front for the Advancement and Progress of Haiti had
been sent abroad by the multinational forces. The Government of Haiti,
therefore, was unable to report on the fate or whereabouts of the persons
reported as disappeared. The Government expressed the hope that the return of
these documents would permit it to elucidate the reported cases of
disappearance.
170. The Working Group decided to raise the issue of these files with the
Special Representative of the Secretary-General for Haiti, in the hope that
access to such information may be obtained.
Honduras
171. During the period under review, the Working Group transmitted one new
case of disappearance to the Government of Honduras, which reportedly occurred
in 1995 and was sent under the urgent action procedure.
172. The majority of the 197 cases of disappearance reported to the Working
Group occurred between 1981 and 1984, a period during which members of
Battalion 3-16 of the armed forces and heavily armed plain-clothes men seized
people perceived as ideological enemies in their homes or on the street and
took them to clandestine detention centres. The systematic practice of
disappearance ended in 1984, although sporadic cases continued to occur.
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173. The newly reported case concerned a person who was allegedly arrested
on charges of murder and who is said to have been transferred from a public
security force prison to the Central Penitentiary. However, the authorities
at the Penitentiary have reportedly denied that the person concerned had been
transferred there, and since then his whereabouts have remained unknown.
174. The Working Group was informed that in July 1995 the Special Prosecutor
for Human Rights had charged 10 military officers with the attempted murder
and unlawful detention of six students in 1982. As far as the Group was
informed this year, the judicial proceedings continue.
175. During the period under review, the Government provided the Working
Group with a copy of the law establishing the National Human Rights
Commission.
Observations
176. The Working Group expresses its appreciation of the decision taken to
establish the National Human Rights Commission and encourages the steps taken
to prosecute alleged perpetrators of gross human rights violations. Regarding
the 129 outstanding cases, the Working Group reminds the Government that, in
accordance with the Declaration, it is the continuous commitment of the State
to conduct investigations “thoroughly and impartially” (art. 13) “for as long
as the fate of the victim of enforced disappearance remains unclarified”
(art. 13, para. 6) .
India
177. During the period under review, the Working Group transmitted 23 newly
reported cases of disappearance to the Government of India, five of which
reportedly occurred in 1996 and were sent under the urgent action procedure.
During the same period, the Working Group clarified six cases; three on the
basis of information previously submitted by the Government on which no
observations had been received from the source; three on the basis of
information received from the source in which it was reported that two of the
persons concerned had been released and one was found dead. At the same time,
the Group retransmitted to the Government six cases updated with new
information from the source.
178. A total of 255 cases of disappearance have been transmitted to the
Government. The majority occurred between 1983 and 1994 in the context of
ethnic and religious disturbances in the Punjab and Kashmir regions. The
disappearances in both regions were primarily attributable to the police
authorities, the army and paramilitary groups acting in conjunction with, or
with the acquiescence of, the armed forces. In Jammu and Kashmir numerous
persons are said to have disappeared after “shoot-outs” with security forces.
The disappearances were alleged to have been the result of a number of factors
related to the wide powers granted to the security forces under emergency
legislation, in particular the Terrorist and Disruptive Activities Act (TADA)
and the Public Safety Act. In addition to allowing preventive detention,
these laws reportedly allowed prolonged detention without the many other
safeguards available under the criminal law. The victims have included
E/CN. 4/1997/34
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shopkeepers, a lawyer who was reportedly well known for defending Sikhs
detained in the Punjab, journalists, students and others.
179. Most of the newly reported cases of disappearance occurred in the
Punjab and concerned persons who were said to have been arrested by the
police. Two cases concerned members of a political opposition party who were
reportedly arrested by the Indian Army in Jammu and Kashmir and later
released. One case concerned a human rights activist from Jammu and Kashmir,
reportedly the Chairman of the Kashmir Commission of Jurists, who was said to
have filed a petition in the High Court on behalf of detainees. He is also
said to have planned to attend the fifty-first session of the Commission on
Human Rights. He was subsequently found dead. Ten cases concerned
disappearances which reportedly occurred between 1991 and 1995 in Jammu and
Kashmir, and concerned persons from a variety of professional backgrounds who
were allegedly arrested by the Special Task Force of the Jammu and Kashmir
police, the Border Security Forces or members of the army.
180. According to reports received from non-governmental organizations
during the period under review, the situation of human rights in Jammu and
Kashmir has worsened. It is alleged that, despite State responsibility under
article 2, paragraph 1, of the Declaration, government forces such as the
Army, the Federal Security Forces, the Central Reserve Police Force, the
Border Security Force and the Special Force, as well as paramilitary forces,
are implicated in disappearances and other violations of human rights. It is
said that none of the perpetrators has been brought to justice.
181. With regard to the situation of human rights in Punjab, it is alleged
that the Punjab police are the main perpetrators of human rights violations
and that they act with impunity. In many cases and in violation of article 10
of the Declaration, the police have reportedly not responded to writs of
habeas corpus and have failed to produce detainees in court, and even denied
their detention. It is further alleged that the Punjab police have secretly
cremated hundreds of bodies of individuals who had disappeared following their
arrest by the police. Reportedly, the Punjab Police, in violation of
article 13 of the Declaration, have subjected to harassment and threats those
who file complaints against them in the Supreme Court and High Court. The
National Security Act, which is said to permit detention without trial for
long periods reportedly facilitates human rights abuses, including
disappearances. Concern was expressed that investigations into cases of
disappearance are not actively pursued and those responsible are not brought
to justice, in violation of article 14 of the Declaration.
182. During the period under review, the Government submitted information to
the Working Group on 15 individual cases. With regard to 10 cases, the
Government reported that the Commission on Inquiry had not found sufficient
evidence to prove that the police had arrested these persons. In two cases
the Government reported that the persons concerned had been killed in a
confrontation with the police. In one case, it was reported that the matter
was pending before the court; in another case the person concerned was being
held on criminal charges in judicial custody, and in one case, although the
subject had not been found in detention, according to the investigation which
had been carried out, officials of the Punjab police department had been
involved in that person's abduction and they were being prosecuted.
E/CN. 4/1997/34
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183. With regard to the information of a general nature submitted to the
Government concerning Jammu and Kashmir, the Government stated: “the
allegations received by the Working Group are a distortion of the facts.
Allegations that the situation has deteriorated are without substance.
Contrary to the allegations, the situation in the State of Jammu and Kashmir
has undergone a radical change for the better. The human rights situation has
been improving steadily and the State ... enjoys a popular Government elected
through free and fair polls”. Allegations that violations of human rights had
been committed by the security forces were immediately investigated and so far
some 272 security personnel had been punished.
184. With respect to Punjab, the Government stated that the Supreme Court
has received a writ petition alleging that the Punjab police had secretly
cremated hundreds of bodies. Consequently, this matter was under
investigation by the Central Bureau of Investigation (CBI) on orders of the
Supreme Court and the CBI had submitted an interim report in that regard. The
National Security Act was implemented in periods of crisis in order to protect
the citizens against terrorism. However, there were safeguards against its
misuse. The State government was required to be informed of the detention
without delay and the concerned government had to confirm the detention order,
and if the grounds were considered to be insufficient, the detention order was
immediately revoked. When the detention order had been confirmed by the State
government, the order and details must also be presented within three weeks to
an advisory board chaired by a sitting judge of the High Court for its
reconfirmation. The Advisory Board is required to make its recommendation
within seven weeks from the date of the order of detention, after considering
the information received and supplementary information when necessary, and
also hearing the detainee in person.
185. The Government also provided detailed statistical information on action
taken against security force personnel for excesses on terrorist violence and
on other related subjects.
Observations
186. The Working Group wishes to again express its appreciation to the
Government of India for the information which it has provided.
187. Nevertheless, it remains concerned at the increase in reported cases
of disappearance, particularly in the Punjab and Kashmir regions. It wishes
to remind the Government of its responsibility under the Declaration to
prevent enforced disappearances. In particular, in accordance with
article 10.1, any person deprived of liberty shall be held in an officially
recognized place of detention and shall be brought before a judicial authority
promptly after detention. The National Security Act, which permits detention
without trial for extended periods, is not in conformity with this provision
and thereby facilitates enforced disappearances and other human rights
violations.
188. With respect to allegations that persons who file complaints against
members of the security forces in cases of disappearance are subjected to
harassment, the Working Group reminds the Government of its commitment under
article 13.5 to punish those responsible appropriately. In addition, all
E/CN. 4/]. 997 / 34
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persons alleged to have perpetrated an act of enforced disappearance should be
brought to justice, in accordance with article 14.
189. The Working Group, while taking into account the legitimacy of
derogating from some human rights commitments, in accordance with
international law, during public emergencies, nevertheless wishes to stress
that pursuant to article 7 of the Declaration, no circumstances whatsoever may
be invoked to justify enforced disappearances.
Indonesia
190. During the period under review, the Working Group transmitted 10 newly
reported cases of disappearance, nine of which are said to have occurred in
1996, to the Government of Indonesia; eight of these cases were sent under the
urgent action procedure. During the same period, the Working Group clarified
one case on the basis of information submitted by the Government in which it
was reported that the subject had been arrested by police officers with a
warrant on charges of fund-raising for an armed separatist group, but
subsequently released for lack of evidence.
191. The majority of the 428 cases of reported disappearance occurred in
1992 following the incident at the Santa Cruz cemetery in Dili, East Timor,
where, on 12 November 1991, security forces opened fire on peaceful
demonstrators during a memorial service for two youths who had been killed in
a clash with the police. Over 200 persons are alleged to have disappeared on
or shortly after 12 November 1991.
192. All of the newly reported cases occurred in East Timor. The one
clarified case occurred in December 1995 and concerned a person arrested in
Surabaya and subsequently released, as described above. Two of the cases
reportedly occurred in Welaluho in February 1996; one of the persons concerned
allegedly was arrested by the police and the other by the military. The
latter was reported to have been tortured. The third case concerned a subject
who was allegedly arrested by the Territorial Battalion on charges that he had
organized and mobilized young people and participated in the demonstration at
the Santa Cruz cemetery on 12 November 1991. The fourth case concerns the
wife of a commander of the Timorese Resistance (Falintil) and her four
children, who had allegedly been arrested by the security forces (Babinsa) in
Nunuhou village of Hatuquessi, Liquica district. The remaining case concerns
a 17-year-old student who allegedly disappeared on 14 July 1996 in Gleno in
the Ermera district of East Timor after soldiers carried out house to house
raids searching for those responsible for a fire set the same evening at the
Gleno market; an eyewitness reported that the student was taken away in a
military jeep by soldiers.
193. During the period under review, the Government provided replies on nine
individual cases. In the clarified case and in one other case, the Government
reported that the subjects had been arrested, but each had been released at a
later date and had returned to their normal daily activities. In two cases,
one of which involved five members of a single family, the Government reported
that the individuals had been summoned by the police for questioning or
identification of a family member, but all the individuals had been allowed to
return home on the same date. In the final case, the Government reported that
E/CN. 4/1997/34
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the subject had never been arrested, nor had he ever been involved in criminal
acts or civil suits.
Observations
194. The Working Group wishes to express its appreciation to the Government
of Indonesia for the replies which it has submitted to the Group on individual
cases.
195. Nevertheless, it is particularly concerned at the increase in cases of
disappearance which reportedly occurred in 1996 in East Timor. It reminds the
Government of its commitment under article 3 of the Declaration to take
effective legislative, administrative, judicial or other measures to prevent
and terminate acts of enforced disappearance in any territory under its
jurisdiction. In particular, any person deprived of liberty, in accordance
with article 10, shall be held in an officially recognized place of detention
and be brought before a judicial authority promptly after detention.
Iran (Islamic Republic of )
196. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Islamic Republic of
Iran. During the same period, the Working Group clarified 12 cases, 11 on the
basis of information previously provided by the Government on which no
observations were received from the source within a period of six months, and
one on the basis of information provided by the source in which it was
reported that the subject had been released. The Working Group also
retransmitted to the Government 46 cases updated with new information from the
source.
197. The majority of the 509 cases of reported disappearance occurred
between 1981 and 1989. Some of the missing persons were reportedly arrested
and imprisoned for their alleged membership in armed opposition groups.
198. During the period under review, the Government provided information on
37 individual cases. In one case it reported that the person concerned had
been imprisoned, later pardoned and released. In some of the other cases, the
Government requested further information on the subject. The Working Group
informed the Government that while it would request such information from the
source, all cases had met the Group's criteria for transmittal. With regard
to the other replies, the Working Group considered that they were insufficient
to constitute a clarification.
Observations
199. The Working Group wishes to express its appreciation to the Government
for the information which it has provided on a number of individual cases.
Such information should, however, be based on a thorough investigation by the
competent authorities in accordance with article 13 of the Declaration, so
that the Working Group and the families can determine the fate and whereabouts
of the person concerned.
E/CN. 4/1997/34
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200. The Working Group also wishes to remind the Government of its
commitment, under article 14 of the Declaration, to bring to justice all
persons presumed responsible for an act of enforced disappearance.
Iraa
201. During the period under review, the Working Group transmitted a total
of 198 newly reported cases of disappearance to the Government of Iraq, eight
of which reportedly occurred in 1996. Four of these cases were sent under the
urgent action procedure. The Working Group also clarified six cases, based on
information provided by the source in which it was reported that the persons
concerned had been released, and retransmitted 11 cases to the Government
updated with new information from the source.
202. The great majority of the 16,329 cases of disappearance reported to
have occurred in Iraq concern persons of the Kurdi h ethnic group who
allegedly disappeared in 1988. A significant number of other cases concern
ethnic Arabs of the Shi'a faith who are reported to have disappeared in the
late l970s and early l980s in the course of the expulsion of their families to
the Islamic Republic of Iran on the allegation that they were of “Persian
ancestry tt .
203. While most of the cases transmitted in 1996 are said to have occurred
in the early 1980s and l990s and concerned ethnic Arabs and Kurds of the Shi'a
faith in the same circumstances as described above, four of the newly reported
cases are said to have occurred in 1995 and eight in 1996. These cases
reportedly included government officials who were allegedly suspected of
trying to locate the whereabouts of persons who disappeared during the Gulf
War; persons who openly expressed opposition to government actions in quelling
the Al-Ramadi uprising in 1995, and those who supported newly established
parties engaged in Islamic activity. One case concerned a young man of both
Iraqi and British citizenship reportedly arrested by Al-Mokhabarat (security
intelligence forces) in 1995 in connection with the activities of his father,
who was Under-Secretary of the Ministry of Oil before his execution in 1966.
The disappeared persons are said to include officers of Al-Mukhabarat and
Estikb,barat (military intelligence), imams , a policeman, a general in the
Iraqi army and a college graduate. Most of the disappearances reportedly
occurred in Baghdad and Al-Ramadi.
204. The four urgent actions cases reported to have occurred in 1996 concern
a medical professor from the University of Baghdad and his son, who is an
engineering student, and two Shari'a law professors from the same university.
It is alleged that they were arrested by Al-Mokhabarat for islamic activity
and membership in an islamic party.
205. During the course of 1996, information concerning developments in Iraq
having an influence on the phenomenon of disappearances and the implementation
of the Declaration was received from non-governmental organizations.
According to the organizations, disappearances continue to be carried out in
the Iraqi capital, Baghdad, and in other areas of the country, including the
southern marsh area. A number of disappearances reportedly occurred in Samara
in May 1995 following the defection of Lieutenant General Kamel to Jordan.
Other persons are reported to have been detained on the basis of their
E/CN. 4/1997/34
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political affiliations and their whereabouts remain unknown. Their families
are said to be unable to take steps to report the disappearances or to resort
to domestic remedies for fear of reprisal by the Government. Profound concern
has again been expressed to the Group over the huge number of disappearances
in Iraq which remain unresolved, and the total impunity with which the
perpetrators are able to act.
206. During the period under review, the Government provided information
on 32 individual cases in which it reported the addresses of the persons
concerned in 31 cases and said that one person had left for the Islamic
Republic of Iran. With regard to the 31 cases, the Working Group wrote
directly to the individuals concerned. In 10 cases, the letters were returned
by the Iraqi post office marked “address incorrect” or “person unknown”. In
no case was any response received from the individuals concerned.
Observations
207. The Working Group remains extremely concerned at the fact that Iraq is
still the country with the most cases of disappearance reported to it and the
country to which the Working Group transmitted the highest number of new cases
this year. These include cases which allegedly occurred in 1996.
208. The Working Group wishes to stress again the commitment of the
Government of Iraq under the Declaration to prevent, terminate and punish all
acts of enforced disappearance. In particular, all relevant complaints shall
be thoroughly investigated by the competent authority in accordance with
article 13 and all per ons presumed responsible shall be brought to justice
under article 14. The total impunity with which the perpetrators of the crime
of enforced disappearance seem to be able to act is conducive to a climate in
which enforced disappearance can easily occur.
209. While noting the replies of the Government on individual cases, the
Working Group expresses its astonishment at the fact that the Iraqi post
office was unable to find the persons whose addresses the Government had
provided. In this respect, the Working Group regrets that the Government of
Iraq has not yet replied to its letter of 21 July 1995 proposing a visit to
the country in order to assist the Government in its efforts to clarify the
whereabouts of 16,329 cases of disappearance.
Israel
210. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Israel.
211. Of the two cases which remain pending, one reportedly occurred in 1992
in Jerusalem, and concerns a man who allegedly did not return home from work.
He is believed to be detained in a prison in Tel Aviv. The other case
concerns a Palestinian who was reportedly arrested in 1971 on the day a bomb
had exploded in Gaza. Although he was allegedly seen in detention, his
whereabouts remain unknown.
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212. During the period under review, no new information was received from
the Government of Israel with respect to either of these cases. The Working
Group is, therefore, unable to report on the fate and whereabouts of the
disappeared persons.
Kuwait
213. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Kuwait. The one
outstanding case, which was submitted in 1993 by a relative of the victim,
concerns a so—called TbedouinuI of Palestinian origin with a Jordanian
passport. After the retreat of the Iraqi forces from Kuwait in 1991, the
subject was allegedly arrested and is said to be currently detained by the
Kuwaiti Secret Police.
214. During the period under review, the Government informed the Working
Group of the details of the investigations undertaken by the authorities into
the circumstances of the disappearance of the subject. However, his
whereabouts remain unknown.
215. During its forty-eighth session, in June 1996, the Working Group met
with representatives of the Government of Kuwait, who reaffirmed their resolve
to pursue the investigation until its successful conclusion.
Lao People's Democratic RetnIIlic
216. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Lao People's
Democratic Republic.
217. The one outstanding case, which reportedly occurred in 1993, concerns
the leader of the repatriation groups returning to the Lao People's Democratic
Republic, who reportedly left his residence with an official of the Department
of the Interior to go to that Department to discuss a future home for the
returning groups. Since then his whereabouts have remained unknown.
218. During the same period, the Government again replied to the Working
Group concerning the one outstanding case of disappearance, in which it
advanced several possibilities concerning the subject's disappearance. As in
the past, the Government reported that a thorough investigation into the
circumstances of the disappearance of the person concerned had been
undertaken. However, his whereabouts remain unknown.
Lebanon
219. During the period under review, the Working Group transmitted seven
newly reported cases of disappearance to the Government of Lebanon.
220. The majority of the 279 cases of disappearance reported to the Working
Group in the past occurred in 1982 and 1983 in the context of the Lebanese
civil war. Those responsible for the disappearances are said to have belonged
to the Phalangist militia, the Lebanese army or its security forces; in some
cases, the Israeli army was also reportedly involved in the arrests, together
E/CN. 4/1997/34
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with one of the other forces mentioned above. Most of the detentions occurred
in Beirut and its suburbs. Certain reports indicated that the arrests were
made by armed men in civilian clothes operating from vehicles. In a number of
cases, the missing person was reportedly arrested and taken away from the
Sabra and Chatila camps in September 1982. In some cases which reportedly
occurred in 1984, 1985 and 1987, the arrested persons were foreign nationals
who were abducted in Beirut. In some of these cases, religious groups such as
the “Islamic Holy War” later claimed responsibility for the abductions.
221. Most of the cases submitted to the Working Group in 1996 also occurred
in the context of the Lebanese civil war, as described in the above paragraph.
In a few cases, including two cases which occurred in 1990, the missing
persons were reportedly arrested by members of the Syrian army or security
services at check-points, before being transferred to and detained in the
Syrian Arab Republic.
222. During the period under review, the Government of Lebanon provided
information on one case of disappearance in which it reported that the person
concerned had been charged with terrorist operations, attempt to commit murder
and conspiring with the enemy, and that his case was before the Military
Tribunal on 4 November 1996.
223. During the same period, the Government of the Syrian Arab Republic
provided information on two cases of disappearance which reportedly occurred
in Lebanon, but in which Syrian forces were implicated. In accordance with
the methods of work, of the Working Group, since the cases occurred in
Lebanon, they appear in the statistics of Lebanon, but as Syrian forces were
alleged to be involved, copies were sent to the Government of Syria. The
Government of Syria reported that in one case the person concerned had been
released and in the other the person had been detained on charges of
espionage, tried and sentenced to life imprisonment.
Cbs erva t ions
224. The Working Group appreciates the information provided by the
Government of Lebanon on one of the outstanding cases. Nevertheless, it
wishes to remind the Government of its commitment under articles 13 and 14 of
the Declaration to investigate thoroughly all cases of enforced disappearance
and to bring the perpetrators to justice.
225. The Working Group, while taking into account the legitimacy of
derogating from some human rights commitments, in accordance with
international law, in times of public emergency, wishes to remind the
Government that, under article 7, no circumstances whatsoever may be invoked
to justify enforced disappearance.
Libyan Arab Jamahiriva
226. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Libyan Arab
Jamahiriya. The one outstanding case, transmitted in 1994, concerns a
Sudanese translator at the International Centre of Research of the Green Book
in Tripoli, who reportedly disappeared in 1993.
E / CN. 4 / 1997/34
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227. To date, no response has ever been received from the Government
concerning this case. The Working Group is, therefore, unable to report on
the fate and whereabouts of the disappeared person.
Mauritania
228. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Mauritania.
229. The one outstanding case reportedly occurred in 1990 and concerned
a 21-year-old man who is said to have been taken by members of the National
Guard in a village in southern Mauritania during a nightly curfew.
Reportedly, at that time, many people belonging to the Hal-Pulaar ethnic group
in the south of the country were subjected to human rights violations,
allegedly carried out by government forces and the Haratine militia.
230. During the period under review, no new information was received from
the Government with regard to the outstanding case. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Mexico
231. During the period under review, the Working Group transmitted five
newly reported cases of disappearance to the Government of Mexico, all of
which occurred in 1996 and were sent under the urgent action procedure.
During the same period, the Working Group clarified 10 cases on the basis of
information previously provided by the Government on which the source had not
made observations within six months, and one case on the basis of the
information provided by the source in which it was reported that the person
concerned had been released. The Working Group also retransmitted to the
Government 20 cases which had been updated with new information provided by
the source.
232. The majority of the 319 reported cases of disappearance in Mexico
occurred between 1974 and 1981. Ninety-eight of these cases took place in the
context of the rural guerrilla warfare which was waged in the mountains and
villages of the state of Guerrero during the 1970s and the beginning of the
1980s. Twenty-one other cases occurred in 1995, mostly in the states of
Chiapas and Veracruz; the majority of these persons were members of several
Indian, peasant and political organizations.
233. Four of the newly reported cases of disappearance occurred in the state
of Guerrero and one in Sinaloa; the victims included two teachers, two
peasants and a businessman. Those allegedly responsible are said to have been
members of the security forces, army or plainclothed agents. One of these
cases was clarified when the source reported that the person concerned had
been released.
234. During its forty-ninth session, the Working Group met with
representatives of the Mexican National Commission for Human Rights, who gave
an account of the activities of its Special Programme on Alleged
Disappearances and provided extensive information on individual cases.
E/CN. 4/1997/34
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235. During the period under review, the Government provided information on
17 cases of disappearance; in 11 cases, it reported that the persons concerned
were found alive and living at liberty; in two cases, the persons concerned
had not been arrested; and in four cases the investigations were continuing.
The Government also requested to know if there had been any reaction from the
source to its earlier replies on 13 other cases, and in one case asked for
additional information from the source.
Observations
236. The Working Group expresses its appreciation for the cooperation
received from the Government of Mexico during the period under review and for
the positive results achieved by the investigations of the National Commission
of Human Rights, which have helped to clarify nine cases. However,
considering the fact that new cases continue to be reported, it is necessary
to stress the urgency of taking, in accordance with the Declaration effective
legislative, administrative, judicial or other measures to prevent and
terminate acts of enforced disappearance” (art. 3) .
237. The Working Group wishes to stress the need for more effective measures
to clarify the so-called ‘old cases” which occurred in the 1970s and reminds
the Government of Mexico of its continuous commitment to conduct
investigations “thoroughly and impartially” (art. 13) “for as long as the fate
of the victim of enforced disappearance remains unclarified” (art. 13,
para.6) .
Morocco
238. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Morocco. During the
same period, the Working Group clarified 14 cases on the basis of information
previously provided by the Government on which no observations were received
by the source within six months. It also deleted one case from its files
which was found to be a duplication.
239. The majority of the 232 cases of disappearance transmitted to the
Government were reported to have occurred between 1972 and 1980 and during the
l980s. Most of them concerned persons of Saharan origin who were reported to
have disappeared in territories under the control of the Moroccan forces,
because they or their relatives were known or suspected supporters of the
Polisario Front. Students and better educated Saharans were reported to have
been particularly targeted. In some instances, disappearances allegedly
followed mass arrests after demonstrations or before visits of prominent
persons or officials from other countries.
240. Disappeared persons were reported to have been confined in secret
detention centres, such as Laayoune, Qal'at M'gouna, Agdz and Tazmamart.
Cells in some police stations or military barracks and secret villas in the
Rabat suburbs were also allegedly used to hide the disappeared. Despite the
release in 1991 of a large group of disappeared prisoners, several hundred
other Western Saharans are said to remain unaccounted for and their families
are reportedly still pursuing their inquiries with the Moroccan authorities
and detention centres.
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241. According to information brought to the attention of the Working Group
by non-governmental organizations, despite the release in 1991 from secret
detention centres of more than 300 missing persons, among them a certain
number of people of Saharan origin, the Moroccan authorities continue to deny
all knowledge of hundreds of other disappeared persons who remain unaccounted
for. Families are said still to be unable to obtain any information on the
fate and whereabouts of their disappeared relatives, some of whom have
reportedly been missing for some 20 years.
242. It is alleged that some of these persons were extrajudicially executed
soon after arrest, and that others died in secret detention. The
organizations call for their fate to be determined and their families
compensated, in accordance with articles 13.6 and 19 of the Declaration. It
is said that the deaths of those who disappeared have never been officially
acknowledged by the Moroccan authorities, and no investigation has been
carried out in order to bring to justice those responsible for their
disappearance and death, in accordance with article 14 of the Declaration.
Nor have the families of the victims received any compensation or been able to
determine where their relatives are buried.
243. It is further alleged that restrictions on the right to freedom of
expression, association and movement have been placed on many of the former
disappeared who were released in 1991 and that some of them have even been
rearrested and again held in secret detention, often for prolonged periods.
Their families are said to have been unable to obtain any information on their
whereabouts during their secret detention, in violation of article 10 of the
Declaration.
244. During the period under review, the Government provided information to
the Working Group on 41 individual cases: in 28 cases it reported that the
persons concerned were free; in six cases the persons had never been arrested;
in five cases the persons were detained; one person had left the country and
another case was a duplicate. The Government also requested the Working Group
to submit to it more detailed information on the outstanding cases of
disappearance, including the names of the tribe, the group and the sub-group
of the tribe to which the persons belong. In its reply to the Government, the
Working Group stated that it would transmit the request of the Moroccan
authorities to the sources concerned; however, all the cases submitted to the
Government contained the necessary elements required by the Working Group for
transmission, in accordance with its methods of work. Therefore, it was still
the responsibility of the Government to pursue its efforts to elucidate the
outstanding cases.
245. During an exchange of views with the Working Group at its fiftieth
session, representatives of the Government of Morocco reiterated their
willingness and determination to make every possible effort to elucidate the
fate of the persons still considered as disappeared. Investigations were
being conducted on all the outstanding cases. The representatives of the
Government reiterated that they faced certain constraints because the
transcription of names did not always provide the complete data on the family
background of the missing person.
E / CN. 4 / 1997 / 34
page 46
Observations
246. The Working Group wishes to express its appreciation to the Government
for sending representatives to the Group's fiftieth session and for its
continued efforts to clarify the outstanding cases of disappeaarance. It
again wishes to remind the Government, however, that, under article 4 of the
Declaration, the very act of enforced disappearance should be made an offence
under criminal law.
247. Furthermore, under articles 13.6 and 19 of the Declaration,
investigations must continue even in very old cases “for as long as the fate
of the victim of enforced disappearance remains unclarified” and in such cases
the families “shall have the right to adequate compensation, including the
means for as complete rehabilitation as possible”.
248. The Working Group would also remind the Government of its
responsibilities, under article 14 of the Declaration, to bring to justice all
persons presumed responsible for an act of enforced disappearance.
Mpzpmbiaue
249. During the period under review, the Working Group transmitted one newly
reported case of disappearance to the Government of MozanIIique.
250. The one previously reported case occurred in November 1974 and
concerned a doctor who was said to have been arrested in 1974 in a hotel in
Blantyre, Malawi, and to have been taken first to Mozambique and then to the
southern part of the United Republic of Tanzania. It was believed that he was
then transferred to Niassa province, Mozambique.
251. The newly reported case allegedly occurred in 1974 and concerned a
doctor who is said to have been arrested at his home in Matola and imprisoned
at the headquarters of Frelimo troops in Boane, and later in Maputo. Despite
their efforts, his family have been unable to determine his whereabouts.
252. Although a number of reminders have been sent, no information has ever
been received from the Government of Mozambique with regard to the one
previously reported case. The Working Group is, therefore, unable to report
on the fate and whereabouts of the disappeared person. With regard to the
newly reported case, as it was examined by the Group at its third annual
session and only transmitted to the Government on 11 December 1996, no
information was expected from the Government on this case prior to the
adoption of the present report.
Nepal
253. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Nepal.
254. Four of the five outstanding cases of disappearance reported to the
Working Group occurred in 1985 and concern four men who reportedly disappeared
from police custody in 1985. In late 1984, a series of nation-wide political
protests started in Nepal. In June 1985, following bomb explosions in
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Kathmandu and other cities, numerous persons were reportedly arrested and some
of them were allegedly held in incommunicado detention for several months.
The one other case of reported disappearance pending with the Working Group is
said to have occurred in 1993 and concerns a student who allegedly disappeared
in Kathmandu.
255. During the period under review, no new information was received from
the Government with regard to the outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Nicaraqua
256. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Nicaragua.
257. Of the 234 cases reported to the Working Group, 131 have been
clarified. Most of these cases occurred between 1979 and 1983, in the context
of the internal armed conflict during the 1980s. Many of the reports of these
disappearances pointed to the involvement of members of the army, the former
Sandinistas, the former General Directorate for the Security of the State and
the Frontier Guard. Two cases, however, reportedly occurred in 1994: one
concerned a farmer who was allegedly detained by a group composed of members
of the army and the police, and the other concerned a person allegedly accused
of being a member of the Recontras armed group.
258. During the period under review, no information was received by the
Working Group from the Government concerning the outstanding cases. The
Working Group is, therefore, still unable to report on the fate and
whereabouts of the persons concerned.
Observations
259. The Working Group regrets the repeated lack of communication from the
Government of Nicaragua regarding the outstanding cases. The Working Group
wishes to stress the need to improve cooperation and to remind the Government
that there are 103 outstanding cases regarding which it has a continuous
commitment to conduct investigations 4 &thoroughly and impartially” (art. 13)
f or as long as the fate of the victim of enforced disappearance remains
unclarified” (art. 13, para. 6) .
Pakistan*
260. During the period under review, the Working Group transmitted seven
newly reported cases of disappearance to the Government of Pakistan, four of
which reportedly occurred in 1996. All the cases were sent under the urgent
* Mr. Agha Hilaly did not participate in the decisions relating to
this subsection of the report.
E/CN. 4/1997/34
page 48
action procedure. During the same period, the Working Group clarified three
of these cases when the source reported that the persons concerned had been
released. The Working Group also retransmitted four cases to the Government,
updated with new information from the source.
261. The majority of the 60 cases of disappearance reported to the Working
Group concerned members or sympathizers of the political party Muhajir Qaomi
Movement (MQM), who were allegedly arrested in Karachi by the police or
security forces during May and June 1995. Most of the other reported cases
allegedly occurred in 1986 and between 1989 and 1991, and concerned persons of
Afghan nationality with refugee status in Pakistan, most of whom were
said to be affiliated with the Harakate Ingilaba Islami party of Afghanistan.
The abductions reportedly took place in Peshawar, North-West Frontier
Province, by persons belonging to a rival party, the Hezb-e-Islami
Afghanistan, which was alleged to be acting with the acquiescence of the
Pakistani authorities.
262. Of the newly reported cases, three concerned brothers who were former
members of the MQM and who were reportedly abducted from their home in Karachi
by the paramilitary Rangers. These cases were clarified by the Working Group
when the source reported their release. The other newly reported cases
concerned the disappearance of four members of the same family, who are said
to have been abducted from their home in Islamabad by agents of the military
intelligence.
263. According to information received from non-governmental organizations,
law enforcement personi!el such as the Inter-Service Intelligence and the
police arrest opponents of the Government without respecting the legal
requirements for arrest and detention. Some of the people considered as
disappeared are allegedly held in unacknowledged detention, in violation of
article 10 of the Declaration. It is reported that the paramilitary Rangers,
with the acquiescence of the security forces, have demanded up to 200,000
rupees from the families before disclosing information on the fate of their
disappeared relatives. It is also reported that police officials, in
violation of article 13, paragraph 3 of the Declaration, threaten and harass
family members who file complaints or habeas corpus writs with the judiciary.
264. It is reported that, regardless of the State's responsibility under
article 14 of the Declaration perpetrators act and operate with impunity, and
that no charges are being brought against them.
265. During the period under review, the Government of Pakistan informed the
Working Group that the concerned authorities were undertaking investigations
to determine the fate of the disappeared persons. The Government provided
information on four individual cases; in three cases it reported that no First
Information Report (FIR) had been lodged with the local police and that it was
very difficult for the Government to ascertain at which location the
disappearance had occurred. However, investigations had been initiated by the
authorities with a view to locating the disappeared persons. In one case the
Government reported that the person concerned had never been arrested nor
detained by the police.
E/CN. 4/1997/34
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Observations
266. The Working Group remains concerned at continued reports of recent
cases of disappearance, in particular of members or sympathizers of the MQM.
267. It wishes to remind the Government of Pakistan of its commitment under
article 10 of the Declaration to hold detainees only in officially recognized
places of detention and to bring alleged perpetrators of enforced
disappearances to justice in accordance with article 14. In addition, steps
should be taken pursuant to article 13.3 to protect family members who file
complaints regarding cases of disappearance against ill-treatment,
intimidation or reprisal.
Paraguay
268. During the period under review, no new casesof disappearance were
transmitted by the Working Group to the Government of Paraguay.
269. Of the 23 cases transmitted by the Working Group to the Government, 20
have been clarified. All of these cases occurred between 1975 and 1977 under
the military Government. It should be noted that the Group has received no
reports of disappearances occurring in Paraguay since 1977. Several of the
persons concerned were members of the Communist party, including one who was
secretary-general of the party. Although disappearances took place in the
capital, Asuncion, the majority of the cases affected the rural population and
were carried out in the districts of San Jose, Santa Helena, Piribebuy, Santa
Elena and Santa Rosa.
270. During the period under review, the Government informed the Working
Group of the on-going efforts to investigate the three remaining cases of
disappearance. It also informed the Group that “the political will exists” to
make sure that crimes such as disappearance, murder and torture did not go
unpunished. To that end, in 1995 the Office of the Ombudsman had been
established and, on 21 November 1995, the Executive had promulgated
Act No. 838 regarding compensation for victims of human rights violations
during the period from 1954 to 1989. In addition, “Act. No. 933, dated
13 August 1996, approved the Inter-American Convention on Forced Disappearance
of Persons, and Act No. 913 authorized the Executive to declare that it
recognizes the compulsory jurisdiction of the International Court of Justice.
All these acts are intended to guarantee fully the rule of law in the Republic
of Paraguay”.
271. The Government further stated that, “with regard to safeguards for the
prevention of enforced disappearances and eventual punishment of those
responsible, the system of justice plays a fundamental role. It has the task
of identifying those responsible and of ensuring that they do not go
unpunished. Due process safeguards in accord with the international
principles recognized by Paraguay have been embodied and brought up to date in
the new Constitution”.
E / CN. 4 / 1997 / 34
page 50
Peru* *
272. During the period under review, the Working Group transmitted 122 newly
reported cases of disappearance to the Government of Peru, one of which
reportedly occurred in 1996 and was sent under the urgent action procedure.
During the same period, the Working Group clarified four cases on the basis of
information previously provided by the Government on which no observations had
been received from the source within a period of six months. In accordance
with its methods of work, the Group retransmitted to the Government 13 cases,
updated with new information from the source.
273. The Working Group also received allegations of disappearances imputed
to insurgent groups. However, in accordance with the definition of
disappearances in the preamble of the Declaration and the Group's methods of
work, the Group does not consider cases of abductions which are not directly
or indirectly attributable to a Government.
274. The vast majority of the 3,001 cases of reported disappearances in Peru
occurred between 1983 and 1992 in the context of the Government's fight
against terrorism, especially Sendero Luminoso (Shining Path) . In late 1982,
the armed forces and police undertook a counter insurgency campaign and the
armed forces were granted a great deal of latitude in fighting Sendero
Luminoso and in restoring public order. While the majority of reported
disappearances took place in areas of the country in which a state of
emergency was in force and which were under military control, in particular
the regions of Ayacucho, Huancavelica, San Martin and Apurimac, disappearances
also took place in other parts of Peru. Detentions were reportedly frequently
carried out openly by uniformed members of the armed forces, sometimes
together with the Civil Defence Groups. Some 20 other cases reportedly
occurred in 1993 in the department of Ucayli and concerned largely the
disappearance of peasants.
275. Out of concern at the situation of disappearances in Peru, two members
of the Working Group, at the invitation of the Government,
visited Peru from 17 to 22 June 1985 and again from 3 to 10 October 1986, on
the Group's behalf. Their reports are contained in documents
E/CN.4/l987/15/Add. 1.
276. Of the newly reported cases, only one is said to have occurred in 1996;
it concerned a 27-year old domestic employee who was reportedly detained by
the army in Huanuco. The 121 other cases allegedly took place between 1989
and 1995, mostly in Ucayali, and were imputed to members of the navy or the
army.
** Mr. Diego Garcia-Sayan did not participate in the decisions
relating to this subsection of the report.
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page 51
277. During the period under review, concern was expressed to the Working
Group that the adoption last year of the amnesty law, which granted a general
amnesty to all those members of the security forces and civilians who were the
subject of a complaint, investigation, indictment, trial or conviction, or who
were serving prison sentences, for human rights violations committed between
May 1980 and 15 June 1995, has resulted in total impunity for the perpetrators
of disappearance and other human rights violations. In contravention of the
Declaration, all investigations into outstanding cases of disappearance have
been closed. It is said that efforts by human rights organizations to seek a
repeal of the articles of the amnesty law granting a pardon to human rights
violators and the law prohibiting judges from deciding on the legality or
applicability of the amnesty law have resulted in death threats against some
members of these organizations.
278. It was further alleged that, although the number of disappearances in
Peru has decreased, cases reportedly still occur and the National Registry of
Detainees is said to be ineffective in preventing such disappearances.
279. With respect to the armed opposition movement, Shining Path, it was
alleged that in addition to carrying out armed operations against the security
forces, its members have been responsible for thousands of civilian deaths and
have subjected their captives to torture. The Movimiento Revolucionario de
Tupac Amaru (MRTA) is also said to have engaged in similar abuses.
280. During the period under review, the Government of Peru replied
concerning one individual case, reporting that the person concerned had not
been arrested, had not left the country and was not detained in any penal
establishment. In addition, the Government informed the Group of the
appointment of Mr. Jorge Santistevan as Ombudsman.
Observations
281. The Working Group wishes to reiterate its opinion that the amnesty law
of 28 June 1995, which resulted in the closing of all investigations into
outstanding cases of disappearance, violates articles 17 and 18 of the
Declaration. It creates an atmosphere of impunity which is conducive to
further acts of disappearance and other similar human rights violations. In
this context, the Working Group reminds the Government of Peru that its
commitment to carry out thorough and impartial investigations, in accordance
with article 13.6, remains for as long as the fate and whereabouts of the
victims of enforced disappearances remain unclarified.
Philippines
282. During the period under review, the Working Group transmitted two newly
reported cases of disappearance to the Government of the Philippines, one of
which reportedly occurred in 1996 and was sent under the urgent action
procedure. During the same period, the Working Group clarified 13 cases on
the basis of information previously provided by the Government on which no
observations had been received from the source within a period of six months.
The Working Group also retransmitted nine cases to the Government, updated
with new information from the source.
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283. The majority of the 649 reported cases of disappearance occurred in the
late 1970s and early l980s, virtually throughout the country, and took place
within the context of the Government's anti-insurgency campaign.
284. During the period 1975-1980, the persons who disappeared were
reportedly farmers, students, social workers, members of church groups,
lawyers, journalists and economists, among others. The arrests were carried
out by armed men belonging to an identified military organization or to a
police unit such as the Philippine Constabulary, the Central Intelligence
Unit, the military police and other organizations. In the following years,
the reported cases of disappearance concerned young men living in rural and
urban areas, described as members of legally constituted student, labour,
religious, political or human rights organizations, which the military
authorities have claimed are a front for the outlawed Communist Party of the
Philippines (CPP) and its armed wing, the New People's Army (NPA). Among the
groups most commonly targeted were said to be KADENA (Youth for Democracy and
Nationalism) and the National Federation of Sugar Workers.
285. Despite the peace talks initiated by the Government with several
opposition movements, disappearances have continued in the 1990s, mainly in
the context of action by the security forces against the NPA, the Moro
National Liberation Front, the Mindanao Islamic Liberation Front, the Citizen
Armed Forces Geographical Units and the Civilian Volunteer Organizations.
286. Out of concern at the situation of disappearances in the Philippines,
and at the invitation of the Government, two members of the Working Group
visited the country from 27 August to 7 September 1990. A full report on
their visit is contained in document E/CN.4/199l/20/Add.1.
287. The two cases transmitted in 1996 are said to have occurred in Mindanao
and Misamis Oriental. They concern a health worker who reportedly disappeared
two days after attending a meeting of local non-governmental organizations in
Mindanao, and a farmer who was allegedly arrested while traveling in an area
where the Filipino army is said to have been conducting military operations
against suspected NPA rebels.
288. During the period under review, concern was expressed to the Working
Group by non-governmental organizations over the lack of progress in
determining the fate of those who have disappeared in the Philippines and in
bringing the perpetrators to justice. Failure to prosecute those responsible
for disappearances is said to undermine public confidence in the legal system
and weaken judicial deterrents against further disappearances.
289. It was also alleged that the responsibilities of the various
investigative and prosecuting agencies are unclear, with the result that these
agencies frequently fail to take full responsibility for cases, preferring to
pass them over to another agency for resolution. Witnesses and complainants
involved in human rights cases are said to be subjected to intimidation and
are consequently afraid to come forward for fear of reprisals. It was further
reported that while the number of disappearances has reportedly declined, they
continue to occur. Concern was expressed at the Government's failure to
address conditions which still allow disappearances to take place
periodically. Non-governmental organizations have reportedly called upon the
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Government to undertake a thorough investigation into all cases of
disappearance in order to determine the fate and whereabouts of the persons
concerned and to bring the perpetrators to justice and compensate the families
in accordance with the Declaration. They have also reportedly called for the
Task Force on Disappearance to be abolished, as it has allegedly not produced
any of the expected results.
290. The non-governmental organizations also informed the Working Group of
their efforts to have the provisions of the Declaration incorporated in
Filipino law; efforts which the Working Group fully supports. Efforts by the
organizations to have the bodies of persons believed to have disappeared
exhumed is said to have led to the successful identification of several such
persons. Such efforts are reportedly continuing throughout the country,
pending the permission of the families and the government agencies concerned.
The non-governmental organizations also informed the Working Group that they
were seriously contemplating filing cases before the courts and were in the
process of investigating the establishment of witness protection programmes
and sharing experience in forensic medicine. Concern was further expressed to
the Working Group that recommendations it made to the Government of the
Philippines in 1991 regarding human rights have yet to be implemented.
291. During the period under review, no new information was received by the
Working Group from the Government concerning the outstanding cases. The
Working Group is, therefore, unable to report on the fate and whereabouts of
the persons concerned.
Observations
292. The Working Group regrets the lack of communication from the Government
of the Philippines regarding the outstanding cases and the lack of follow-up
to the recommendations made in 1991 by the Group in the report that followed
its visit to the Philippines. The Working Group wishes to stress the need to
improve cooperation and to remind the Government that there are
496 outstanding cases. In accordance with the Declaration, the Government has
a continuous commitment to conduct investigations thorough1y and impartially”
(art. 13) f or as long as the fate of the victim of enforced disappearance
remains unclarified” (art. 13, para. 6) .
293. The Working Group also wishes to remind the Government of the need to
4 take effective legislative, administrative, judicial or other measures to
prevent and terminate acts of enforced disappearance” (art. 3). The Working
Group emphasizes the urgency of ensuring liprompt and effective judicial
remedy” (art. 9) as a means of preventing disappearances and urges the
Philippine authorities to do everything in their power to ensure the safety of
relatives and witnesses (art. 13, para. 3).
Russian Federation
294. During the period under review, the Working Group transmitted, for the
first time, 160 cases of disappearance to the Government of the Russian
Federation, two of which reportedly occurred in 1996 and were transmitted
under the urgent action procedure.
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295. The two cases which allegedly occurred in 1996 concern ethnic Chechens
who are said to have been arrested by OMON, the Special Forces of the Russian
Ministry of the Interior during an early morning raid on the settlement
of Dolinskoye, some 20 km. west of Grozny in August 1996. One hundred and
fifty other cases concerned persons of ethnic Ingush origin who reportedly
disappeared in 1992 during the fighting between the ethnic Ossetians and the
Ingush. Eight other cases concerned persons who reportedly disappeared in
1994 in the Ingush Republic. The North Ossetian forces are said to have acted
with the acquiescence of OMON.
296. During the period under review, the Government informed the Working
Group that, “between 30 October and 6 November 1992, a conflict occurred in
the Prigorodny district and in part of the town of Vladikavkaz in North
Ossetia as a result of the deterioration of inter-ethnic relations between
Ossetians and Ingush living in Ossetia and Ingushetia. The conflict led to
large-scale disorder and violence, including disappearances. An investigation
into the incidents was conducted by a joint task force of the Procurator-
General's office, the Ministry of Internal Affairs and the Federal Security
Service of the Russian Federation. Criminal proceedings have been instituted
in each case where persons were taken hostage or died. Together with the
search for the missing persons, efforts are under way to establish the
criminal liability of, and bring to court, those involved in the incidents in
question”.
297. With regard to individual cases, the Government reported that “in six
cases, the persons concerned were abducted by unidentified persons on
19 May 1994 in the town of Vladikavkaz, Republic of North Ossetia, and in two
other cases, the persons disappeared on 7-8 April 1994 near the village of
Ali-Yurt in the Ingush Republic. Criminal investigations have been initiated
in all these cases. In one other case, the person concerned did not figure on
the Government's list of persons who disappeared in the above-mentioned
conflict”. With regard to 138 cases, the Government reported that the persons
concerned had been taken hostage and killed between 31 October and 6 November
1992 at locations not identified during the investigation.
Observations
298. The Working Group wishes to express its appreciation to the Government
for the information provided on the individual cases. It looks forward to
being informed of the results of the criminal investigations initiated into
all these cases.
299. The Group, nevertheless, is deeply concerned at the high number of
recent cases of enforced disappearance which allegedly occurred in the context
of ethnic conflicts. It wishes to remind the Government that, in accordance
with article 7 of the Declaration, no circumstances whatsoever, whether a
threat of war, a state of war, internal political instability or any other
public emergency, may be invoked to justify enforced disappearances.
Rwanda
300. During the period under review, the Working Group transmitted three
newly reported cases of disappearance to the Government of Rwanda, all of
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which occurred in 1996 and were sent under the urgent action procedure.
During the same period, the Working Group clarified one of these cases when
the source reported that the person concerned had been released.
301. The human rights field officers deployed by the High Commissioner for
Human Rights in support of the Special Rapporteur on the situation of human
rights in Rwanda have been instructed to receive pertinent information about
disappearances and channel such reports to the Working Group.
302. The dimension of the Rwandan tragedy, and the fact that the number of
persons who have perished or were forced to leave their place of residence
constitutes about half of the entire population, make it difficult
to distinguish between those who have been victims of massacres and those who
have disappeared. Within this context, reports of disappearances” in
post-genocide Rwanda have been rare. Several reasons may be cited. In some
cases of alleged missing persons, unreliable prison records may render
identification or location of those persons virtually impossible. Also,
persons within the community, including family members of missing persons, may
be reluctant to come forward and declare possible abductions for fear of
reprisals or harassment.
303. In some cases, the issue by the mayor of an arrest warrant, especially
on the charge of complicity in the genocide, may cause family members to take
flight for fear of being implicated themselves. There are also those cases in
which the human rights field operation in Rwanda has received reports from
non-governmental organizations or disinterested parties, of the arbitrary or
illegal arrest of persons within the community, while the local population
itself has remained silent. This was attributed to the tacit complicity of
the community in the removal and execution of a person known to have committed
genocide.
304. The majority of the 11 outstanding cases of disappearance occurred
in 1990 and 1991 in the north of the country, in the context of the ethnic
conflict between Tutsis and Hutus. In three cases the disappearances occurred
in 1993 in northern Rwanda and concerned students from the Seventh Day
Adventist University in Mudende suspected of supporting the Rwandese Popular
Front.
305. Of the three cases of disappearance which allegedly occurred in 1996,
one concerned the Mayor of Nyabikenke, who is reportedly of Hutu origin and
who is said to have been detained by members of the armed forces. Another
case concerned a journalist who was allegedly arrested by the military police
on the grounds that he was an accomplice to genocide, and was later released.
The third case concerned a mechanic from Kigali who was reportedly arrested by
soldiers of the Rwandese Patriotic Army on the grounds that his father and
brothers had committed crimes during the genocide of 1994.
306. According to information received by the Working Group, during the
period under review, the major problem in Rwanda in connection with the
phenomenon of disappearance and the application of the Declaration remains
that of ‘incommunicado” detention at some military camps and other
installations of the Rwandese Patriotic Army (RPA) . It is reported that it is
during such detention that disappearances most frequently occur. In
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addition, prison registers are non-existent or incomplete and the Rwandese
Patriotic Army representatives not only consistently deny that military
locations are used as places of detention but have generally refused human
rights organizations full and confidential access to all persons held in these
camps.
307. To date, no response has ever been received from the Government with
regard to the outstanding cases. The Working Group is, therefore, still
unable to report on the fate and whereabouts of the disappeared persons.
Saudi Arabia
308. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Saudi Arabia.
309. The one outstanding case was transmitted in 1992 and concerns a
Saudi Arabian businessman who was allegedly arrested in Amman in 1991 by
Jordanian security forces and was later reportedly handed over to the
Saudi Arabian authorities.
310. During the period under review, the Working Group received two
communications from the Government in which it reported that the subject had
been tried and detained in a prison in Riyadh, and that he had now been
released and was free to travel outside the country.
Seychelles
311. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Seychelles.
312. The three reported cases of disappearance allegedly occurred on the
main island of Mah in 1977 and 1984. All three persons are said to have been
abducted shortly after they left their homes by persons believed to belong
to the security forces. At least two of the persons were reportedly known
opponents of the Government.
313. During the same period, no new information was received from the
Government with regard to these cases. The Working Group is, therefore, still
unable to report on the fate and whereabouts of the missing persons.
South Africa
314. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of South Africa.
315. The majority of the 1]. outstanding cases of disappearance reported to
the Working Group occurred between 1976 and 1982 in Namibia. Since, at that
time, Namibia was under South African jurisdiction and responsibility for the
disappearance was imputed to agents of South Africa, the cases are retained on
the South Africa country file in accordance with the Working Group's methods
of work.
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316. During the period under review, no information was received from the
Government with regard to the outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Sri Lanka
317. During the period under review, the Working Group transmitted 34 newly
reported cases of disappearances to the Government of Sri Lanka, 16 of which
were sent under the urgent action procedure. Of the 16 urgent action cases,
four reportedly occurred in 1996.
318. Since the establishment of the Working Group in 1980, 11,513 cases of
disappearance alleged to have occurred in Sri Lanka have been reported to the
Working Group. The cases occurred in the context of two major sources of
conflict in that country: the confrontation of Tamil separatist militants and
government forces in the north and north-east of the country and the
confrontation between the People's Liberation Front (JVP) and government
forces in the south. Cases reported to have occurred between 1987 and 1990
took place mostly in the Southern and Central Provinces of the country, during
a period in which both security forces and 01 /P resorted to the use of extreme
violence in the contest for State power. In July 1989, the conflict in the
south took a particularly violent turn when 01/P adopted even more radical
tactics, including enforced work stoppages, intimidation and assassination, as
well as targeting the family members of the police and army. To thwart the
JVP military offensive, the State launched a generalized counter-insurgency
campaign and the armed forces and the police appear to have been given wide
latitude of action to eliminate the rebel movement and restore law and order
in any way they saw fit. By the end of 1989, the armed forces had put down
the revolt, having succeeded in capturing and executing the nucleus of the 01/P
leadership.
319. Cases reported to have occurred since 11 June 1990, the date of
resumption of hostilities by the Liberation Tigers of Tamil Eelam (LTTE), have
taken place primarily in the Eastern and North-Eastern Provinces of the
country. In the north-east, the persons most often reported detained and
missing were young Tamil men accused or suspected of belonging to,
collaborating with, aiding or sympathizing with LTTE. Tamil persons
internally displaced owing to the conflict and staying in informal shelters
such as church or school centres were the group particularly at risk of
detention and disappearance. The most frequently utilized method of detention
in the north-east was the cordon-and-search operation in which the army, often
in conjunction with the police, and particularly the Special Task Force, went
into a village or a rural area and detained scores of persons. Many were
released within 24 to 48 hours, but a percentage of the persons remained in
custody for questioning.
320. Out of concern at the situation of disappearances in Sri Lanka, and at
the invitation of the Government of Sri Lanka, the Working Group undertook two
missions to that country from 7 to 18 October 1991 and from 5
to 15 October 1992. The reports of the Working Group are contained in
documents E/CN. 4/1992/18/Add. 1 and E/CN. 4/1993/25/Add. 1.
E / CM. 4 / 1997 / 34
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321. The majority of the newly reported cases occurred between mid-1995 and
early 1996 following the resumption of hostilities between government forces
and LTTE, and concerned young Tamil men, many of them poor farm labourers,
fishermen or students from Trincomalee, Batticaloa, Colombo and Jafna.
322. According to information received by the Working Group from
non-governmental organizations, during the past year the most intense fighting
since hostilities broke out 13 years ago has taken place, and along with it
there are renewed reports of disappearances, particularly in Colombo and in
the eastern part of the country. The victims of disappearances are reported
to be, in the vast majority, Tamil farmers and labourers, frequently from poor
families. Those responsible reportedly include all branches of the security
forces, Muslim and Sinhalese home guards and armed Tamil groups opposed to
LTTE.
323. It was also alleged that there is a lack of progress in prosecuting
some 172 police officers who have reportedly been implicated in cases of
disappearance in the central provinces, despite the fact that there is said to
be sufficient information to indict many of these officers in the courts. It
was further alleged that the military authorities have failed to take action
against some 200 army officers, said to have been implicated in cases of
disappearance during the course of an investigation by the Presidential
Commissions of Inquiry into Involuntary Removal and Disappearances, despite a
directive reportedly issued by the President to the Ministry of Defence to
this effect.
324. Moreover, concern has been expressed at the duration of the mandate of
the Commissions of Inquiry, which are said to be currently investigating the
fate of 23,000 disappeared persons in the northern and eastern parts of the
country. It is said that the three-month extension of the Commissions'
mandate granted by the President is insufficient to bring the details of the
cases of disappearance to light. It is further reported that the payment of
compensation to affected families has been very slow; less than 5 per cent of
them are said to have been compensated so far.
325. It was further alleged that the Government has refused to amend
provisions of the Prevention of Terrorism Act and the Emergency Regulations,
which reportedly remain far from international standards and are said to
facilitate the practice of disappearances and other human rights violations.
It is stated that safeguards installed by presidential directives in 1995 to
protect the welfare of detainees are not complied with, and action is
reportedly not taken against members of the security forces for violating
them.
326. During the period under review, no new information was received from
the Government of Sri Lanka concerning the outstanding cases. The Working
Group is, therefore, unable to report on the fate and whereabouts of the
disappeared persons.
Observations
327. The Working Group wishes to express its concern at the continuing high
level of newly reported cases of disappearance in Sri Lanka. While taking
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into account the legitimacy of derogating from some human rights commitments,
in accordance with international law, in times of public emergency, the
working Group again stresses that, in accordance with article 7 of the
Declaration, no circumstances whatsoever may be invoked to justify enforced
disappearances. In this respect, the Working Group requests the Government to
bring the Prevention of Terrorist Act and the Emergency Regulations into line
with its commitments under the Declaration.
328. The working Group appreciates the efforts of the Commissions of Inquiry
to investigate the fate of 23,000 disappeared persons and to compensate the
victims or their families, and looks forward to being informed of the results.
Sudan
329. During the period under review, the Working Group transmitted one newly
reported case of disappearance to the Government of the Sudan, which
reportedly occurred in 1996 and was sent under the urgent action procedure.
This case concerned a person reported to be a political activist in western
Sudan. During the same period, the Working Group decided to clarify this case
based upon information from the Government, confirmed by the source, that the
individual had been released.
330. The majority of the 257 outstanding cases concern 249 villagers who
were allegedly abducted from the village of Toror in the Nuba Mountains in
1995 by the armed forces of the Government of Sudan. It is suspected that the
villagers have been taken to one of the government-controlled peace camps”.
331. During 1996, concern was expressed to the Working Group by non-
governmental organizations that individuals are held incommunicado in
clandestine detention centres in violation of Article 10 of the Declaration,
which provides, inter alia , that any person deprived of liberty shall be held
in officially recognized places of detention and, in conformity with national
law, be brought before a judicial authority promptly after detention”.
332. Further, it was reported to the Working Group that during the past year
women and children have continued to be abducted in southern Sudan and the
Nuba Mountains and taken to other regions of the country where they are
enslaved. Reports received by the Working Group also indicate that in the
north there have been sweeps by the security forces in which displaced
southern children who are living with their families and/or orphaned street
children are abducted and placed in camps where they are given Islamic names
and an Islamic education based on the Koran. The Working Group also takes
note of reports that the rebel forces in the south have abducted children who
are then militarily trained and conscripted into their forces.
333. The Working Group also notes that the Government of the Sudan has
failed to provide information to the Special Rapporteur on the situation of
human rights in the Sudan concerning the events that occurred in Juba in 1992.
It is alleged that over 290 soldiers, police officers, prison guards,
paramilitary forces attached to the Department of Wildlife and prominent
civilians were arrested after the Government regained control of the town in
June 1992. Most have disappeared and it is believed that the majority were
summarily killed. The Government established a special committee in 1993 to
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investigate the allegations, but the Special Rapporteur has yet to receive any
reports from the Government concerning these investigations or other steps
taken, despite repeated reminders contained in his reports to the Commission
on Human Rights requesting information on the cases.
334. During the period under review, the Government informed the Working
Group that the Minister of Justice had issued a ministerial decree forming a
special committee to carry out investigations in order to clarify the alleged
249 cases of disappearance of Nuba tribe members. The Working Group was
informed that the Special Committee had examined the information received from
the Working Group on a case-by-case basis and found that the names in the
cases received were composed of only two names, which made it difficult for
the Committee to locate the alleged disappeared individuals unless the third
name of each individual or further information was provided.
335. The Working Group informed the Government of the Sudan that it would
transmit this request to the source; however, in accordance with its methods
of work, the criteria required by the Group for the transmission of cases had
been met. Representatives of the Government met with the Working Group at its
forty-eighth session in New York, at which time they briefed the Group on the
efforts of the Government to locate the disappeared.
Observations
336. The Working Group expresses its appreciation for the cooperation of the
Government of the Sudan during the period under review. It also welcomes the
creation by the Government of a special committee to investigate the cases of
disappearance submitted by the Working Group, and looks forward to receiving
its findings. The Group reminds the Government that, in accordance with the
Declaration, it has the responsibility to ‘stake effective legislative,
administrative, judicial or other measures to prevent and terminate acts of
enforced disappearance” (art. 3) including prosecution of the alleged
perpetrators of disappearance by the ordinary courts (art. 16) .
337. Special attention should be given to the commitment to have any person
deprived of liberty held ‘sin officially recognized places of detention and, in
conformity with national law, ... brought before a judicial authority promptly
after detention” (art. 10) . The Working Group, furthermore, urges the
Sudanese authorities to do everything in their power to ensure the safety of
relatives and witnesses (art. 13, para. 3) .
338. With respect to the six disappeared persons of Chadian nationality who
were reportedly arrested in 1996 by Sudanese security forces and handed over
to Chadian security forces, the Working Group wishes to remind the Government
of the Sudan of its comoeitment under article 8 not to return or extradite a
person to another State where there are substantial grounds to believe that he
would be in danger of enforced disappearance.
Syrian Arab Republic
339. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Syria. During the same
period, the Working Group clarified four cases on the basis of information
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provided by the Government on which no observations had been received from the
source within a period of six months; in one case it was reported that the
person died in detention following a heart attack and a death certificate was
provided; in another case the person was in detention in Tadmur prison; in
two cases the person concerned had been executed.
340. Of the total 35 cases of disappearance reported to the Working Group,
24 have been clarified. Among the 11 outstanding cases, a substantial number
allegedly occurred throughout the country in the early to mid-1980s. Some of
the persons concerned were allegedly members of terrorist groups; others were
reportedly members of the military or civilians.
341. During the period under review, the Government provided information on
four cases: in two cases, the persons concerned were reported to have left
the country and in two other cases the persons concerned had been sentenced to
death and executed. The Government of Syria also provided information on two
cases of disappearance which reportedly occurred in Lebanon and in which
Syrian forces were implicated. This information is reflected in the section
on Lebanon.
Ta-i ikis tan
342. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Tajikistan.
343. All six cases of disappearance reported to the Working Group were
alleged to have occurred between late 1992 and July 1993 in the context of the
escalating civil war when pro-government forces took over the capital of
Dushanbe.
344. Although several reminders have been sent, no information has ever been
received by the Working Group from the Government. The Working Group is,
therefore, still unable to report on the fate and whereabouts of the
disappeared persons.
To o
345. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Toga.
346. Six of the 10 outstanding cases concern persons who were reportedly.
detained in 1994 by members of the armed forces at Adetikope as they were
on their way to Lom to visit two relatives of the Secretary-General of the
Togolese Drivers' Trade Union, who had reportedly been injured in a car
accident. One other case concerned a civil servant who was reportedly the
adviser to the President of the High Council of the Republic between 1991
and 1993 and who is said to have been abducted from his car in the Lom suburb
of Agu nyi and taken to an unknown destination by three men in a minibus,
followed by a military vehicle. The other victims were a man arrested by the
police and taken to the Central Commissariat in Lom , from where he
disappeared a few days later; a farmer abducted from his home by armed men and
taken to an unknown destination; and a businessman abducted from his home by
five men in military fatigues.
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347. During the period under review, no new information was received from
the Government with regard to the outstanding cases. The Working Group,
therefore, is unable to report on the fate and whereabouts of the disappeared
persons.
Turkey
348. During the period wider review, the Working Group transmitted 12 newly
reported cases of enforced or involuntary disappearances to the Government of
Turkey. All of them, except one, were transmitted under the urgent action
procedure. Half of the cases were reported to have occurred during 1996.
During the same period, the Working Group clarified seven cases; five of them
were clarified on the basis of information previously provided by the
Government, while two others were clarified by the source, who reported that
in one case the person concerned had been released and in the other the person
concerned had been found dead. The Working Group also retransmitted one case
to the Government updated with new information from the source.
349. Since the creation of the mandate, 145 cases of enforced or involuntary
disappearances have been reported to the Working Group, of which 65 have been
clarified. The majority of these cases reportedly occurred in south-east
Turkey, where a state of emergency is in force, particularly in the context of
clashes between Kurdish Workers' Party (PKK) guerrilla and government security
forces.
350. While in 1994 the Working Group transmitted 72 newly reported cases
and 17 were transmitted in 1995, during the period under review, the figure
went down to 12. Nevertheless, disappearances in Turkey continue to occur.
351. Victims of the newly reported cases were all males, ranging in age
from 18 to 62; they included members of political parties, villagers, a shop
owner and a veterinary student. While in previous years the majority of cases
occurred in the south-east region of Turkey, during the period under review,
five of the reported disappearances took place in Istanbul and in Antalya.
Those allegedly responsible for cases of disappearance reportedly continue to
be police officers and members of the security forces, although in one case
village guards were also involved. In most cases, the persons concerned had
reportedly been detained while in their houses or in public places, forced
into a police or military vehicle and were never seen again. Upon inquiries
by family members or lawyers, the authorities denied that the person had ever
been detained.
352. In addition to the individual cases of disappearance, the Working Group
continued to receive information according to which, in an attempt to fight
the PKK, harassment and attacks against civilians suspected of having links
with the PKK were being committed. Serious concern was expressed that in the
conflict between the Government and the PKK, civilians not directly involved
in the combat were becoming targets of both the Turkish security forces and
the PICK guerrillas. In this context, it is to be mentioned that reports have
also been received about abuses committed by the PICK.
353. The existence of a state of emergency is alleged to be a major obstacle
to the implementation of the Declaration, as it has reportedly led to the
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excessive concentration of power in the hands of the authorities. Impunity is
said to be another contributing factor in the continuation of violations of
human rights in Turkey. Reportedly, although members of the security forces
are mentioned as being responsible for most enforced disappearances, they are
said never to be brought to trial or prosecuted for these acts. Furthermore,
it has been alleged that procedures laid down in the Turkish Code of Criminal
Procedure for the prompt and appropriate registration of detainees and
notification of their families are disregarded in the south-eastern provinces.
Long detention periods reportedly permitted under Turkish laws are mentioned
as another factor promoting disappearances. Reportedly, under the Anti-Terror
Law, suspects in the provinces under a state of emergency can be held in
custody without access to their family, friends or lawyer for 30 days.
Although an amendment to the Code of Criminal Procedure in 1992 reportedly
introduced the right of a defendant to have access to a lawyer at any stage of
the proceedings, including custody, terrorist of fences were excluded from the
provisions of this amendment.
354. During the period under review, the Government of Turkey provided a
number of replies on individual cases and also transmitted to the Working
Group information of a more general nature. In five cases the Government
replied that the subjects had been released. In four other cases the
Government stated that there were no records of the detention or arrest of the
disappeared persons, while in two others the disappeared persons appeared to
have fled the country. In one other case, the Government replied that the
person had managed to escape arrest.
355. The Government also provided the Working Group with a copy of
General Assembly resolution 50/186 of 22 December 1995 entitled “Human rights
and terrorism”. In the same communication the Government referred to the
problem which the country faced regarding terrorism. It stated that, “the
United Nations Human rights machinery, given its important role protecting and
promoting human rights and fundamental freedoms, occupies a particularly
important place in Turkey's evaluation of the global sensitivity towards
terrorism”. It furthermore stated that “Turkey believes that all the
components of the United Nations human rights machinery will be guided by the
General Assembly's description of terrorism as a violation of human rights in
implementing their respective mandates”.
356. The Government again made reference to the results of the 1995
amendments to article 8 of the Anti-Terror Law, which called for the revision
of sentences passed under its former version. The Government informed the
Working Group that, as of 25 September 1996, the number of persons whose
sentences under the original version of article 8 had been reduced, had
attained 1,408, and 269 persons had been released. Furthermore, by letter
dated 23 October 1996, the Government informed the Working Group of a reform
process initiated in Turkey with the aim of improving the standards of
democracy and human rights.
E/CN. 4/1997/34
page 64
Observations
357. The Working Group wishes to express its appreciation to the Government
of Turkey for the information provided. Nevertheless, it regrets that the
Government has not yet replied to its letter of 21 July 1995 proposing a visit
to the country.
358. While taking into account the legitimacy of derogating from some human
rights responsibilities, in accordance with international law, in times of
public emergencies, the Working Group reminds the Government again that, under
article 7 of the Declaration, no circumstances whatsoever may be invoked to
justify enforced disappearances. In this context, it requests the Government
to bring its anti-terror legislation into conformity with its commitments
under the Declaration. In particular, under article 10.1, any person deprived
of liberty shall be held in an officially recognized place of detention and be
called before a judicial authority promptly after detention.
Uganda
359. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Uganda.
360. All of the 20 reported cases of disappearance occurred between 1981
and 1985, i.e. before the present Government took office. The reported
arrests or abductions occurred throughout the country and in one case the
person was allegedly abducted while in exile in Kenya and taken to Kampala.
One case concerned the 18 year-old daughter of an opposition member of the
Ugandan Parliament. The arrests are said to have been made by either
policemen, soldiers or officials of the National Security Agency.
361. During the period under review, the Government requested a
retransmittal of the outstanding cases. This was sent to the Government on
8 August 1996. No new information, however, was received by the Working Group
from the Government. The Group is, therefore, still unable to report on the
fate and whereabouts of the disappeared persons.
Uruauay
362. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Uruguay. At the same
time, the Working Group deleted three cases of disappearance from the files on
Uruguay since, although they concerned Uruguayan citizens, the disappearance
reportedly occurred in Argentina and the cases were also in that country's
statistics. In accordance with the Group's methods of work, cases are
attributed to the country in which the person was reportedly held in detention
or last seen.
363. The majority of the 36 cases of disappearance reported to the Working
Group occurred between 1975 and 1978 under the military Government, in the
context of its fight against alleged subversion. It should be noted that the
Working Group has received no reports of disappearance in Uruguay after 1982.
E/CN. 4/1997/34
page 65
364. During the period under review, the Government of Uruguay reiterated
its willingness to cooperate with the Working Group. It submitted information
to the Group on the situation of Uruguayan citizens who had disappeared in
Argentina and Chile. With regard to Argentina, the Government provided
information on a Uruguayan child, the son of two Uruguayan citizens who had
disappeared in Argentina, who had been found and identified. These cases are
not before the Working Group. The information concerning a case in Chile,
which had been submitted to the Working Group, is contained in the section
concerning Chile.
365. At its fiftieth session, the Working Group met with representatives of
the Government of Uruguay and engaged in an exchange of views with regard to
the cases which remain pending. The Government of Uruguay stressed its
willingness to try to determine the fate and whereabouts of the persons
reported as disappeared.
Uzbekistan
366. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Uzbekistan. During the
same period, the Working Group retransmitted two cases of disappearance to the
Government, updated with new information from the source.
367. Two of the outstanding cases of disappearance concern an Islamic
religious leader and his assistant who were reportedly detained in August 1995
by the National Security Service in Tashkent as they were waiting to board an
international flight. The third case concerns the leader of the Islamic
Renaissance Party, reportedly an unregistered political party, who was
allegedly arrested in 1992 by men believed to be government agents.
368. During the period under review, the Government of Uzbekistan provided
information on the three outstanding cases, informing the Working Group of the
details of the investigations carried out thus far by the authorities into the
subjects' disappearance, and reporting that their search for the persons
concerned was continuing.
Venezuela
369. During the period under review, no new cases of disappearance were
transmitted to the Government of Venezuela by the Working Group.
370. Of the 10 cases reported to the Working Group, 4 have been clarified.
Three of the six outstanding cases occurred in December 1991 and concern
student leaders who had reportedly been intercepted by security forces during
a commercial fishing expedition. A fourth case concerned a businessman
arrested in February 1991 in Valencia City, Carabobo, by the police. A fifth
case concerns a 14 year-old girl who was allegedly abducted in March 1993
following a military raid on her house in the peasant community of 5 de Julio,
Municipality of Catatumbo, State of Zulia. Another case concerns a person who
was allegedly detained in February 1995 in the vicinity of Puerto Ayacucho,
State of Amazonas, by members of the Navy Infantry, following incidents in
which eight Venezuelan soldiers were reportedly ambushed and killed by
Colombian guerrillas.
E/CN.4/l997/34
page 66
371. During the period under review, the Government of Venezuela provided
the Working Group with information concerning the two outstanding cases, which
occurred in 1993 and 1995. The Working Group requested the Government to
provide more precise information on these cases.
Yemen
372. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Yemen.
373. The majority of the 98 cases transmitted to the Government in the past
occurred between January and April 1986 in the context of fighting between
supporters of President Au Nasser Muhammad and his opponents. The President
subsequently fled the country and his opponents took power. In the aftermath
of the fighting, several suspected supporters of the former President were
reportedly arrested and subsequently disappeared. The persons concerned are
said to have been arrested either during the fighting on 13 January 1986 or in
the period thereafter, between January and April 1986. The majority of the
victims were members of the airforce, the army or the security forces, but
there were also civilians. Most of them were members of the Yemen Socialist
Party. The forces said to be responsible for their arrest include the State
security forces, the airforce and the people's militia. One other case
concerned the President of the Engineers' Union, who was also said to be a
member of the Central Committee of the Yemen Socialist Party and who
reportedly disappeared in August 1994. This case was clarified in 1994 when
the person concerned was reported to have been released.
374. During the period under review, no new information was received from
the Government of Yemen with regard to the outstanding cases. The Working
Group is, therefore, unable to report on the fate and whereabouts of the
disappeared persons.
Observations
375. The Working Group regrets that no further information has been provided
by the Government of Yemen on the fate and whereabouts of the persons reported
as disappeared. In this connection, it wishes to remind the Government of its
responsibility under articles 13 and 14 of the Declaration to investigate
thoroughly all cases of enforced disappearance and to bring the perpetrators
to justice.
Zaire
376. During the period under review, the Working Group transmitted three
newly reported cases of disappearance to the Government of Zaire, all of which
reportedly occurred in 1996. The cases were sent as a joint urgent action
appeal together with the Special Rapporteur on Torture.
377. The majority of the 27 reported cases of disappearance occurred
between 1975 and 1985 and concerned persons suspected of being members of a
guerrilla group known as the Parti de la r volution populaire or of being
political activists. More recent cases concern a journalist who was allegedly
abducted from his home in 1993 by members of the Division sp ciale
E/CN. 4/1997/34
page 67
pr sidentielle and the civil guard, and interrogated on the premises of the
State radio station, Voix du Zaire, and four men who were allegedly arrested
in Likasi in 1994 by soldiers and detained for almost two months before being
transferred to Kinshasa; since then their whereabouts have remained unknown.
378. Two of the newly reported cases concern villagers from Kitshanga who
were reportedly arrested by members of the Zairian armed forces in
September 1996 as they were on their way to Goma, capital of North Kivu. The
third case concerns a man who is said to have been arrested by members of the
Service for Action and Military Intelligence (Service d'actions et de
renseignements militaires), also in September 1996. Fear was expressed by the
source that all three persons were at risk of torture and ill-treatment.
379. During the period under review, no information was received from the
Government of Zaire with regard to the outstanding cases. The Working Group
is, therefore, unable to report on the fate and whereabouts of the disappeared
persons.
E/CN. 4/1997/34
page 68
III. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED
Ka z aks tan
380. During the period under review, the Working Group clarified the two
outstanding cases of disappearance in Kazakstan when the source reported that
the persons concerned had been tried and sentenced to prison terms.
381. The two cases of disappearance, which reportedly occurred in 1994,
concerned persons of tjzbek nationality who were allegedly members of the Uzbek
political party “Erk”. They were said to have been living as refugees in
Kazakstan and were reportedly abducted from their home in Almaly by six
officers, allegedly working for the Ministry of the Interior of Uzbekistan.
It was believed that their abduction might have been connected to their
activities for a, newspaper, reportedly produced outside Uzbekistan and
distributed clandestinely inside the country.
382. In accordance with the Working Group's methods of work, these cases
were transmitted to the Government of Kazakstan, the country where the
abductions allegedly occurred, and a copy of the cases was sent to the
Government of tJzbekistan, since its forces were implicated in the abduction.
Tunisia
383. During the period under review, the Working Group transmitted, for the
first time, one case of disappearance to the Government of Tunisia, which
allegedly occurred in late 1995 and was sent under the urgent action
procedure. This case concerned a person who was reportedly abducted from home
by three plainclothed men, who were believed to be members of the security
forces.
384. During the same period, the Government of Tunisia provided information
on this case, stating that the subject had been arrested and brought before
the Public Prosecutor, who had charged him with terrorist activities within
the banned “Ennahda” movement, and informing the Group that he was detained at
the civil prison in Tunis. The source subsequently informed the Working Group
that the family had been able to visit the person concerned in prison. Since
his whereabouts had been determined, the Working Group decided, in accordance
with its methods of work, to consider the case clarified.
TurkmeniStan
385. During the period under review, the Working Group clarified the two
outstanding cases of disappearance in Turkmenistan, based on information
provided by the Government in which it was reported that the persons concerned
had been tried and sentenced to imprisonment, but had subsequently been
granted clemency by the President. In accordance with the Working Group's
methods of work, as the source did not raise any objections within six months
the cases were considered clarified.
386. These cases reportedly occurred in 1995 and concerned two journalists
who were allegedly taken from their home by government agents in the days
E/CN. 4/1997/34
page 69
following the sweep of arrests of individuals who participated or were
believed to have participated in a peaceful public demonstration held in the
capital, Ashghabad, in July 1995.
Zimbabwe
387. During the period under review, the Working Group clarified the one
outstanding case of disappearance in Zimbabwe, on the basis of information
submitted by the Government and subsequently confirmed by the source.
388. This case occurred in 1985 in the context of the armed conflict between
government forces and political opponents in Matabeleland. It concerned a
member of the Zimbabwe African People's Union (ZAPU) political party who was
reportedly arrested by four men (two of them in police uniform) while
attending a church service and taken away in a police vehicle.
389. The Government provided information on this case in which it stated
that, pursuant to the signing of the unity accord in 1987, it had decided to
compensate all families with missing relatives, regardless of the
circumstances of their disappearance. In the absence of any conclusive
evidence to establish who was responsible for the subject's disappearance, the
case was settled out of court, with the Government compensating the subject's
family, through its lawyers, an amount of Z$ 35,000, (approximately
US$ 5,000) .
390. The source subsequently confirmed that the subject's wife had received
compensation for the disappearance and presumed death of her husband.
E/CN. 4/1997/34
page 70
IV. CONCLUSIONS ND RECOMMENDATIONS
391. The Commission on Human Rights, in its resolution 1996/30, urged the
Governments concerned to cooperate with and assist the Working Group on
Enforced or Involuntary Disappearances so that it perform its functions
without hindrance. The effectiveness of the Working Group is based on the
cooperation it receives from Governments, especially of those countries in
which enforced disappearance is an ongoing phenomenon. The Working Group
appreciates the many mechanisms of communication and dialogue established with
almost all the Governments of the countries concerned, many of which have sent
representation to the Working Group's sessions.
392. There are approximately 43,980 outstanding cases of disappearance on
the Working Group's books at the time of the adoption of the present report.
Although many of these cases occurred more than 10 years ago, there has been
no major progress in their clarification. Nevertheless, it must be stated
that in many of the countries concerned no new cases have been reported
recently. The Working Group periodically sends this information to the
Governments of the countries concerned without major progress. Without
relieving the other countries of their responsibilities, the Working Group
views as a source of particular concern those countries which have had more
than 500 cases outstanding for more than 10 years: Argentina, Chile,
El Salvador, Guatemala, Iraq, Peru, the Philippines and Sri Lanka. It is
essential for the countries which have a large backlog of outstanding cases to
make consistent and effective efforts to identify the fate and whereabouts of
the disappeared. At the same time, in agreement with the families of the
missing persons, mechanisms might be explored for the clarification of cases,
including acknowledgment of the responsibility of the State and establishing
appropriate compensation. In this connection, the Working Group is prepared
to provide its cooperation to the parties concerned.
393. Also in resolution 1996/30, the Commission once again encouraged
Governments to give serious consideration to inviting the Working Group to
visit their countries. So far, the Governments of Bolivia, Colombia, Cyprus,
Guatemala, Mexico, Peru, the Philippines and Sri Lanka have extended
invitations to and welcomed delegations of the Working Group. Such field work
has helped the Working Group and the Commission to acquire a better
understanding of the situation in those countries. It is hoped that other
Governments will show an appropriate understanding of the task of the Working
Group and extend invitations to the Group so that its members can visit one or
more countries every year as an essential part of its operations.
394. The Working Group wishes to remind Governments that authentic
cooperation is based on effective action to clarify the outstanding cases and
prevent new ones. In this respect the results are very poor, especially if it
is taken into consideration that the countries to visit which the Working
Group has recently sought an invitation have either not reacted positively
(India), or at all (Iraq and Turkey). This matter must be taken seriously
into consideration by the Commission, since timely cooperation, including
field missions, is crucial to clarifying ongoing cases and preventing new
disappearances.
E/CN. 4/1997/34
page 71
395. In addition to assisting family members and Governments in clarifying
individual cases of disappearance, in recent years the Working Group, on
instructions from the Commission, has assumed the main responsibility for
monitoring States' compliance with their responsibilities under the
Declaration on the Protection of All Persons from Enforced Disappearance,
adopted by the General Assembly on 18 December 1992. Progress in the
implementation of the Declaration seems, however, to be extremely slow. Very
few countries have enacted special legislation to make the act of enforced
disappearance a specific offence under criminal law or to implement other
provisions of the Declaration. With a view to making the Declaration better
known and in order to draw Governments' attention to their responsibilities,
the Working Group continues to adopt general comments on specific provisions
of the Declaration.
396. The Working Group reiterates that it is essential to its activities to
continue receiving cooperation from non-governmental organizations concerned
with the problem of disappearances. These organizations have proved to be the
conscience of the world community and their activities deserve support. At
the same time, the Working Group notes with concern that in some cases
non-governmental organizations have failed to maintain contact with their
source, and in other cases have relegated cases to their archives, thus
seriously affecting efforts by the Working Group to follow up on individual
cases.
397. Finally, the Working Group wishes to express once again its sincere
appreciation to the secretariat for its dedication in the pursuance of the
difficult tasks it has to undertake, while constantly in need of additional
resources. The Group avails itself of this opportunity to appeal again to the
Commission to meet the needs of the secretariat by allocating more resources
to it.
E/CN. 4/1997/34
page 72
V. ADOPTION OF THE REPORT
398. At the last meeting of its fiftieth session, on 22 November 1996, the
present report was adopted by the members of the Working Group on Enforced or
Involuntary Disappearances:
Ivan Tosevski (the former Yugoslav Republic
Chairman-Rapporteur of Macedonia)
Agha Hilaly (Pakistan)
Jonas K.D. Foli (Ghana)
Diego Garcia -Say n (Peru)
Manfred Nowak (Austria)
Notes
/ Since its creation in 1980, the Working Group has submitted a
report to the Commission annually, starting at the Commission's thirty-seventh
session. The document symbols of the previous 16 reports are as follows:
E/CN.4/l435 and Add.1; E/CN.4/l492 and Add.l; E/CN.4/1983/14; E/CN.4/l984/2l
and Add.l and 2; E/CN.4/l985/15 and Add.1; E/CN.4/1986/18 and Add.1;
E/CN.4/1987/15 and Corr.1 and Add.l; E/CN.4/l988/19 and Add.l; E/CN.4/l989/18
and Add.l; E/CN.4/l990/l3; E/CN.4/l99l/20 and Add.l; E/CN .4/l992/18 and Add.l;
E/CN.4/l993/25 and Add.1; E/CN.4/1994/26 and Corr.1 and 2 and Add.l;
E/CN.4/l995/36; and E/CN.4/1996/38.
21 Resolutions 1996/20, 1996/32, 1996/47, 1996/48, 1996/49, 1996/51,
1996/52, 1996/53, 1996/55, 1996/62, 1996/69, 1996/70, 1996/78
and 1996/85 I.
./ Hereafter referred to as the “Declaration”.
Annex I
DECISIONS ON INDIVIDUAL CASES TAKEN BY
THE WORKING GROUP DURING 1996
E/CN. 4/1997/34
page 73
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1996
P1 -
&QC)
‘ 0
w
-J
—
Country
Cases
allegedly
occurred
which
in
Cases transmitted to the
Government during 1996 .
Clarifications by:
Six-month
rule
1996
Urgent
actions
Normal actions
Government
Non-governmental
sources
Algeria
-
-
3
6
-
5
Bangladesh
i
1
-
-
-
-
Brazil
-
-
-
42
-
-
Burundi
-
2
-
-
Chad
6
6
-
-
-
-
Chile
-
-
-
20
-
29
China
6
-
17
-
-
-
Colombia
16
18
3
4
-
7
Egypt
-
-
2
-
-
5
El Salvador
-
-
23
-
15
-
Ethiopia
1
1
-
-
1
-
Gambia
-
-
1
-
-
-
Guatemala
-
-
1
Greece
-
1
-
-
-
Honduras
-
1
-
-
Country
Cases which
Cases
transmitted to the
Clarifications by:
Six-month
allegedly
Government during 1996
rule
occurred
in
1996
Urgent
actions
Normal
actions
Government
Non-governmental
sources
India 4 4 19 3 3 1
Indonesia 9 8 2 - - 9
Iran (Islamic - - - 11 1 2
Republic of)
Iraq 10 4 194 6 18
Kazakstan - - - - 2 -
Lebanon - - 7 - - -
Mexico 5 5 - 10 1 9
Morocco - - 14
Mozambique - - 1 - -
pakistan 4 7 - - 3 -
Peru 3 1 121 4 -
Philippines 1 1 1 13
0 )
Russian Fed. 2 2 41 - - -
Rwanda 3 3 1 - U1
Saudi Arabia - - - - 1
—.-
Sri Lanka 8 16 18 - - -
Sudan 1 1 1
dtll
LQC)
CD
w
t.J
Country
Cases which
allegedly
occurred in
1996
Cases transmitted to the
Government during 1996
Clarifications by:
.
Six-month
rule
Urgent actions
Normal actions
Government
Non-governmental
sources
Syria
Tunisia
Turkey
Turkmenis tan
Zaire
Zimbabwe
-
-
5
-
3
-
-
1
11
-
3
-
-
-
1
-
-
-
4
—
6
2
-
-
-
1
1
-
-
1
2
-
3
2
-
-
E/CN.4/1997/34
page 77
Annex II
STATISTICAl SUMMARY: CASES OF ENFORCED OR INVOLUNTARY DISAPPEARANCE
REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1996
Country
Cases transmitted to the Government
Clarifications by:
Status of person at date
of clarification
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
Female
No. of
Female
cases
cases
Afghanistan
2
-
2
-
-
-
-
-
-
Algeria
107
2
100
-
6
1
2
-
5
Angola
7
1
4
-
3
-
3
Argentina
3 461
-
3 384
-
43
34
49
-
28
Bahrain
1
-
-
-
-
1
-
1
-
Bangladesh
1
1
1
1
-
-
-
-
-
Bolivia
48
7
28
-
19
1
19
-
1
Brazil
56
4
8
-
47
1
1
2
45
Bulgaria
3
-
-
-
3
-
-
-
3
Burkina Faso
3
-
3
-
-
-
-
-
Burundi
47
-
47
-
-
-
-
-
-
Cameroon
6
-
6
-
-
-
-
-
-
Chad
12
-
11
-
1
-
-
-
Chile
912
67
848
-
41
23
2
-
62
China
73
5
28
-
39
6
35
9
1
Colombia
970
84
756
-
162
52
129
19
66
STATISTICAL SUMMARY
CASES OF INVOLUNTARY DISAPPEARANCE REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1996
tzi
g -
tQ
ED
-JI
,...-
I.0
w
-..-
(..,
Country
Cases transmitted to the Government
Clarifications by:
Status of person at date
of clarification
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
Female
No. of
Female
cases
cases
Dominican
Republic
4
-
2
-
2
-
2
-
-
Ecuador
20
2
5
-
11
4
6
4
5
Egypt
17
-
15
-
2
-
-
2
-
El Salvador
2 661
332
2 270
267
318
73
196
175
20
Equatorial
Guinea
3
-
3
-
-
-
-
-
-
Ethiopia
102
2
100
-
1
1
1
1
-
Gambia
1
-
1
-
-
-
Greece
3
-
3
-
-
-
-
-
-
Guatemala
3 151
381
3 007
-
65
79
97
6
51
Guinea
28
-
21
-
-
7
-
-
6
Haiti
48
1
38
-
9
1
5
4
1
Honduras
197
34
129
-
30
38
53
8
7
India
255
10
218
-
28
9
13
6
19
Indonesia
428
33
378
1
38
12
40
8
2
Iran (Islamic
Republic of)
509
99
496
-
11
2
3
1
9
CASES OF INVOLUNTARY DISAPPEARANCES REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1996
( continued )
p) ‘ . .
(DZ
w — -.
H
‘ - .3
‘-— .
w
CASES OF INVOLUNTARY DISAPPEARANCES REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1996
( continued )
Country
Cases transmitted to the Government
Clarifications by:
Status of person at date
of clarification
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Iraq 16 329 2 295 16 199 107 23 103 6 21
Israel 3 - 2 1 - -
Kazakstan 2 - - - 2 - 2
Kuwait 1 - 1 - -
Lao People's 1 - 1 -
Democratic
Republic
Lebanon 286 15 281 13 5 5
Libyan Arab 1 - 1 - -
Jamahiriya
Mauritania 1 - 1 - -
Mexico 319 24 237 - 72 10 33 7 42
Morocco 232 27 142 - 64 26 75 1 14
Mozambique 2 - 2 - -
Myanmar 2 1 - - 2 - 1 1
Nepal 6 5 - 1 1 -
Nicaragua 234 4 103 - 112 19 45 11 75
Nigeria 5 1 5 - 5
‘d Lii
l QQ
(DZ
o
w
Country
Cases transmitted to the Government
Clarifications by:
Status of person at date
of clarification
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
Female
No. of
Female
cases
cases
Pakistan
60
2
56
-
1
3
4
-
-
Paraguay
23
1
3
-
20
-
19
-
1
Peru
3 001
311
2 371
116
249
381
443
85
102
Philippines
649
80
496
-
122
31
106
17
30
Romania
1
-
-
-
1
-
1
-
-
Russian
160
11
160
-
-
-
-
-
-
Federation
Rwanda
11
1
10
-
-
1
1
-
-
Saudia Arabia
1
-
1
-
-
-
-
-
Seychelles
3
-
3
-
-
-
-
-
-
South Africa
11
1
7
-
2
2
1
1
2
Sri Lanka
11513
127
11449
-
30
34
31
17
16
Sudan
261
33
257
-
1
3
4
-
-
Syrian Arab
Republic
35
3
11
-
11
13
15
5
4
Tajikistan
6
-
5
-
-
1
-
-
1
Togo
11
2
10
-
-
1
1
-
-
CASES OF INVOLUNTARY DISAPPEARANCES REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1996
( continued )
P :jtxi
g) -
(DZ
H
H
-J
CASES OF INVOLUNTARY DISAPPEARANCES REPORTED TO THE WORKING GROUP BETWEEN 1980 ? D 1996
( continued )
* The number of clarifications by the Government of Uruguay and by non-governmental sources were
inadvertently reversed in the previous report. They should read seven clarifications by the Government and
one by non-governmental sources.
gi
(D
-....
I-a
Country
Cases transmitted to the Government
Clarifications by:
Status of person at date
of clarification
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Tunisia
Turkey
Turkmenistan
Uganda
Uruguay*
Tjzbekistan
Venezuela
Yemen
Zaire
Zimbabwe
1
145
2
20
36
3
10
98
27
1
-
10
-
4
-
-
2
-
1
-
-
78
-
13
28
3
6
97
21
-
-
-
-
-
-
-
-
-
-
-
1
29
2
2
7
-
4
-
6
1
-
38
-
5
1
-
-
1
-
-
-
45
-
2
4
1
1
6
-
1
11
2
5
4
-
-
-
-
-
11
-
-
-
3
-
-
1
E/CN. 4/1997/34
page 83
Annex III
GRAPHS SHOWING THE DEVELOPMENT OF DISAPPEARANCES IN COUNTRIES
WITH MORE THAN 100 CASES TRANSMITTED DURING THE PERIOD
1973- 19 96
E/CN..4/1997/34
page 84
20O
175 -L --
150
125
100 ---
75 -
50 -
25 - -
ALGERIA
21
74-92
+
96
ARGENT INA
E/CN.4/1997/34
page 85
1500
1000
500
0 LIj L _______ I ft
100 I
50 36
2 1 8 ___
71 73 74 75 76 77 78 79 80 81 82-84 85 86-88 89 90-91 fl 93 94-96
3000
2500
2000
E/CN.4/1997/34
page 86
CHILE
431
700
600
500
400
300
200
100
0
259
111
21, ______
74 75 76 77 78 79-80 81 82 83 84 85 86 87 88 89 90-96
200
COLOMBIA
E/CN.4/1997/34
page 87
175
150
125
100
75
50
25
. -- 91
23
25
74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 9.2 93 94 95 96
0
E/CN.4/1997/34
page 88
EL SALVADOR
700 - ____________________________
602
600 -
s00_ 482 485
400
339
300-
200--- -
- 132
126
100 - -
46 42
29
37
25
0- - 1 - I - - -
7: 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96
ETHIOPIA
17
479 t 80-818 i6 87 88 89
E/CN.4/1997/34
page 89
13
194
200
175 1
150
125
100
75 -
50
25
0
E/CN.4/1997/34
page 90
GUATEMALA
700
600
500
400
300
200
100
375
179 3(1
490
522
_34
_424
288
.
77
29 13 7
4
0
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91
E/CN.4/1997/M
page 91
HONDURAS
200
175
150-
125
100
H
:
74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96
E/CN.4/1997/34
page 92
IND IA
600- -
500- -- -
400-- —
300—- —
200------- . —
100-- - - -
58
42 42
12 18 8
74 75 76 77 78 79 80 - - - ‘
0 -—H — —
89 90 91 92 93 94 95 96
INDONESIA
E/CN.4/1997/34
page 93
1
8t J E! 9 95 ?
300 r
275 .
250
225
200
175
150
125
100
75
50
25
0
48
64
50
9
E/CN.4/ 1997/34
page 94
200
IRAN (ISLAMIC REPUBLIC OF )
175
150
125
100
75
50
25
133
85
89
58
31
33
25
5
13
2
0
96
E/CN.4/1997/34
page 95
I RAO
2000- - —- --— ______________________________________
11341
1000 -------
0000
9000
8000
7000 —-- ----
6000 --
5000-----
4000 - -
3000 -------
2442
2000-+
00:: 83 84 85 87 88
E/CN 4/1997/34
page 96
LEBANON
250 - _______ ____________ ____
225
200
174
1501 --- -----. --------- - -
125
100 .--
75 I _ - - - - - -
1111111 I;' 2 ; ; __ :
83 84 85
E/CN.4/1997/34
page 97
MEXICO
200 ------ —-——
. 1.. . . . .. .
42 32 33 37
2: Lt iiJ iJ T
E/CN.4/1997 134
page 98
MOROCCO
200
175
150
125
100
75
50
25
77
12
13 14
26
9
S
3
2
0
NI CARAGUA
E/CN.4/1997/34
page 99
I
Lii
42
F
[ 1 _____ 2 2
I I — I I —
200 -
175 -
150 -
125 --
100
75
50 -
25 -
0
78 79 80 ‘ 81 ‘ 82 ‘ ! 84 ‘ 85 ‘ 86 ‘ 87 ‘ 88 89 90 91 92 ‘ 93 ‘ 94 ‘ 95%
E/CN.4/1997/ 4
page 100
304
2001
100
PERU
IL LII iI. r ' 94 95 96
700
600-
2
74-81 82 83
0-
E/CN.4/1997/34
. page 101
PHILIPPINES
200 - — - - -- —.— - — -- -—
175 -+ - - - - - -
150+ - - -145
125 - - - - - - - - - - - - - -
100
75 - - - - - - - - - - -- - - --- - - - - - --
64
56
: :4i :jI : I I J Ii'Iiii'iii 1 i
74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96
E/CN.4/1997/34
page 102
SRI LANKA
6000 ____________________ __ __
5500- --- .....
5029
5000- --- -
4774
4500- ---
4000----
. -.--
3000-
2500
2000
1500 ----
1000 ---
500 369- 41Q_..
0 ‘ I I f
74-77 78 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96
E/CN.4/1997/ 34
page 103
StJDAN
300-
275 -
ii 1 EIEI ii IEH EE
175 -- -
150 ---
125 -- -
100 ---
75 - -
50 -
25 -
o 1 1 2 1
0- I I I
74.30 91 92 93 94 96
E/CN.4/1997/34
page 104
TURKEY
200-
175 -
150- .-- ..
125- . --. --.... ---..------ .......--...-.-.
100- -.-.-. --- -.. -- .-...-
75
50 ---
25 ---
4
0. _____ . ______
74-89 90 91
5
96
E/CN.4/1997/34
page 105
RUSSIAN FEDERATION
3000 -
2500 -----
2000 -
1500
1000- --- ----
500 - - --
147
0. I I I1I3I __ 8 ___ 0I2
73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89-91 92 93 94 95 96
